Massachusetts Criminal Defense Attorney Blog
The Lawrence Eagle Tribune reports that Haverhill Massachusetts Police Officer Victor Pellot was fired after facing criminal charges for stalking and harassment of his wife and her current boyfriend. According to the Tribune Pellot is appealing the decision to terminate his employment as a Haverhill Police Officer. The decision to fire Pellot followed an internal police investigation. Pellot was arrested by the State Police last February and currently faces charges in the Haverhill District Court for stalking and threats to commit a crime.
This genre of case is often referred to as a case of domestic violence in legal circles. In order for the Commonwealth to secure a conviction for the charge of stalking in Massachusetts it must prove beyond a reasonable doubt that over a period of time the defendant knowingly engaged in at least three incidents aimed at the complainant; that these acts would cause a reasonable person to suffer substantial emotional distress; that the person did become seriously annoyed or alarmed and that the defendant engaged in the complained of actions willfully and maliciously. This criminal charge is similar to the standard that must be met for a Massachusetts District Court judge to issue a M.G.L. ch. 258E Harassment Prevention Order.
It is not uncommon for 209A Restraining Orders to be issued against a defendant in a case of domestic violence. In order for a citizen to qualify for a Massachusetts 209A Restraining Order the parties must be family members, roommates or have been involved in a substantial dating relationship. The complainant must allege acts that would reasonably place a person in fear of immediate physical harm. Contrary to popular belief, it is not necessary that the complainant allege or prove actual physical harm–a threat of physical harm is enough for a district court judge to issue and extend an order.
The 209A order is different from the Harassment Prevention Order [M.G.L. 258E] in that the parties do not have to be related for the Harassment Prevention Order to be issued or extended. The most common ground for a person requesting this type of order is that the defendant engaged in conduct that constitutes stalking [described above].
In the event that a defendant has criminal charges lodge against him or her and is also facing a restraining order extension hearing, it is important to evaluate whether the defendant should testify. Although the restraining order proceedings are civil in nature, any statements made by the defendant can, and likely will be, used against him or her if the criminal case goes to trial. Often times it is prudent not to testify at the civl hearing so that a defendant does not unwittingly help the prosecution prove its case.
In the event that the restraining order is improperly issued and extended the recourse that a defendant has is to file a notice of appeal and the case will be transferred to the Massachusetts Appeals Court. It is important to keep in mind that this process can take about one year. If you are in a position in which it appears that the complaining party will reappear year after year to renew the order taking the case to the Appeals Court may be the only way to attain relief. Furthermore, in the event the Appeals Court or the Massachusetts Supreme Judicial Court holds that the order should not have been issued or extended the order will likely be vacated and will not appear on a background check.
Our Attorney is an experienced Massachusetts domestic violence attorney and Restraining Order lawyer. She draws on her experience as a litigator as both a prosecutor and a defense attorney to secure positive results for her clients. If you have ben charged with a crime or served with a restraining order contact Our Attorney or on-line. She is available twenty-four hours a day seven days a week.