In a recent case involving the issuance of a restraining order – S.V. v. R.V. – the Appeals Court affirmed the denial of the plaintiff’s motion to extend an abuse prevention order that was issued pursuant to G.L. c.209A. In its decision, the Appeals Court ruled that the judge properly rejected the…
The Appeals Court reversed the defendant’s conviction of domestic assault and battery on a family or household member in Commonwealth v. Wilson because the admission of testimonial out-of-court statements by the complainant, who did not testify at trial, violated the defendant’s right to confrontation. The background was as follows. At the…
The Appeals Court vacated the dismissal of the plaintiff’s complaint that sought a G.L. c.209A abuse prevention order in M.G. v. G.A., because the trial court judge erroneously found that the parties’ conduct at the critical juncture did not constitute “sexual relations.” The background was as follows. “[T]he plaintiff, M.G.,…
The Supreme Judicial Court ruled in Commonwealth v. Rosado that the Commonwealth had failed to prove, pursuant to the doctrine of forfeiture by wrongdoing, that the defendant forfeited his right to object to the admission of a witness’s out-of-court statements. The background was as follows. “The defendant … is the former…
In Commonwealth v. Fragata, the Supreme Judicial Court ruled that the evidence was insufficient to support the defendant’s conviction of intimidating a witness under G.L. c.268, §13B(1)(c)(i). The background was as follows. “[T]o convict the defendant of witness intimidation under [the statute], the Commonwealth had to prove that (1) a possible…
According to an article in the MetroWest Daily News, Worcester police recently arrested a Framingham High School music teacher on domestic violence charges. According to a second article, the court also issued a restraining order against the defendant under G. L. c. 209A, § 7. The articles state that the defendant…
According to an article in the MetroWest Daily News, a Framingham man was recently arrested for assaulting his eight year old son. The article states that the son had apparently gotten into a physical fight with another boy at the bus stop. During the fight, the other boy apparently touched…
According to an article in the MetroWest Daily News, a Framingham man was recently arrested on domestic violence charges. The article states that the police responded to the defendant’s apartment at approximately 3pm last Sunday after receiving a call for a “possible domestic dispute.” When they arrived, the police spoke…
According to an article in the MetroWest Daily News, a teenager from Framingham allegedly assaulted his girlfriend this past week. The article states that the alleged victim accused the defendant of cheating on her at approximately 4am. After the accusation was made, the defendant reportedly began hitting and kicking the…
According to an article in the MetroWest Daily News, a thirty-two year old Milford man got into a physical altercation with his eighteen year old niece earlier this week. The article states that the niece had been kicked out of her mother’s house and was staying at her grandmother’s house.…