VIOLATION OF 209A: DISMISSED AT CLERK’S HEARING

Defendant’s wife took out an abuse prevention order against him stemming from an incident where the Defendant threatened his wife in the presence of their children. The 209A Order contained a provision prohibiting the Defendant from abusing his wife and from contacting his wife. Defendant was charged with violating the order by sending his wife an e-mail. At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that the Defendant did not receive full notice of restraining order because the police had not served it a copy upon him yet – but rather read the terms of the order to him over the phone. Attorney Noonan argued that the Defendant did not have actual knowledge that the order contained a “no-contact” provision – but the Defendant’s understanding was that the order was to refrain from abuse.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue Violation of Restraining Order charge against his client.