Assault and Battery on a Person Protected by an Abuse Prevention Order

If you have been charged with intentional assault and battery on a person protected by an abuse prevention order, the government will have to prove the following six elements beyond a reasonable doubt before you can be convicted:

  1. You touched the other person without an excuse or right to do so.

  2. You intended to touch the other person.

  3. The other person did not consent to the touching or the touching was likely to cause bodily harm to the other person.

  4. The court had issued a 209A order against you. Abuse prevention orders under 209A can involve orders not to contact, not to abuse, to vacate or stay away from premises, and to stay a certain distance away from the other person.

  5. The order was in effect at the time.

  6. You knew that the terms of the order were in effect. To prove that you knew that the order was in effect, the government will usually show that you had received a copy of the order.

If you have been charged with reckless assault and battery on a person protected by an abuse prevention order, the government will have to prove the following five elements beyond a reasonable doubt:

  1. You acted recklessly. Negligent conduct does not amount to reckless conduct. Recklessness is beyond negligence and involves actions that one knew or should have known would be likely to cause substantial harm.

  2. Included in your reckless conduct was some intentional act that resulted in bodily injury to the other person.

  3. The court had issued a 209A abuse prevention order against you.

  4. That order was in effect at the time.

  5. You knew that the terms of the order were in effect.

Massachusetts Assault and Battery Defense Attorney (617) 973 5858

If you have been charged with assault and battery on a person protected by an abuse prevention order, call Massachusetts criminal defense lawyer Robert J. Wheeler, Jr. His office, the Law Office of Robert J. Wheeler, Jr., is located in downtown Boston. Attorney Wheeler represents clients from all over Massachusetts, in every court in the state. He has more than three decades of experience in criminal defense, and he is regarded as a leading defense attorney. If you have any questions about assault and battery or any criminal offense, you can reach Attorney Wheeler’s office at (617) 973 5858 (24 hours a day and 7 days a week) or you can send Attorney Wheeler an e-mail.