Stalking in Violation of Court Order, Restraining Order, 209A
Massachusetts General Laws Chapter 265, Section 43(b) is an aggravated form of stalking with a minimum mandatory sentence of not less than one year in a house of corrections if the stalking is committed in violation of a temporary or permanent restraining or no-contact order issued under Chapter 208, 209, 209A and 209C, or a protection order issued by another state or jurisdiction or a temporary restraining or preliminary or permanent injunction issued by a the Superior Court.
Anyone who “(1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress and (2) also makes a threat with the intent to place that person in imminent fear of death or serious bodily injury” will be guilty of stalking.
In order to get a conviction for stalking the prosecution needs to prove the all of the following elements beyond a reasonable doubt:
- The Defendant knowingly engaged in a pattern of conduct or series of acts, involving at least three incidents, directed at a specific person over a period of time;
- The Defendant’s conduct would cause a reasonable person to suffer substantial emotional distress;
- The Defendant’s conduct did in fact cause that person to become seriously alarmed or annoyed;
- The Defendant’s conduct was willful and malicious; and
- The Defendant made a threat and did so with the intent of placing that person in imminent fear of death or bodily injury.
Conduct includes acts or threats communicated by telephone, email, social media (i.e. facebook, facebook messenger, snapchat, twitter, instagram etc).
Charged With A Stalking Offense? Let Our Experienced Brockton Defense Attorneys Can Help You.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at 508-584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
Our compassionate and experienced criminal defense attorneys are experienced trial lawyers who aggressively represent those accused of firearm offenses, DUI/OUI other driving offenses, felony crimes, juvenile crimes, and misdemeanor charges in Massachusetts courts. Our law firm is available to assist clients throughout all of Southeast Massachusetts, including but not limited to: Plymouth County including Brockton, Plymouth, Bridgewater, Hingham, Wareham, Middleboro; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Wrentham, Attleboro, Mansfield, Easton, Raynham; and Middlesex County including Cambridge, Lowell, Somerville, Newton, Woburn, Framingham, Malden, Chelsea, Everett, Arlington, Medford and Waltham; Cape Cod, Barnstable, Hyannis, Falmouth and Springfield, Holyoke, Chicopee & Worcester; Essex County including Lynn, Lawrence, Peabody, Haverhill, and Salem; and the Greater Boston area including South Boston, Revere, Dorchester, Brighton and Roxbury.
A prosecutor in Massachusetts can seek to have a criminal defendant locked up in county jail for up to 90 days before a criminal trial has even s...
The Valor Act, otherwise known as "An Act Relative to Veterans' Access, Livelihood, Opportunity and Resources," was passed into law in 2012 as M....
A Trial Judge has the discretion to grant a new trial at any time it appears an injustice was done. After a Defendant has been tried and convicte...
A Motion for New Trial, pursuant to Rule 30 of the Massachusetts Rules of Criminal Procedure, may be used by a Defendant who is challenging the v...
Police usually do not search for people with outstanding bench warrants but they will arrest you if you have an encounter with police and they ru...