Judge Finds Client NOT GUILTY of Violating Restraining Order in Cambridge District Court

Written By: Matthew W. Peterson

Published: 01/27/2023

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Successful Defense Against Violating Restraining Order

On January 27, 2023, the Law Office of Matthew Peterson achieved a significant legal victory in the Cambridge District Court. Attorney Matthew Peterson successfully defended a client accused of violating a restraining order, resulting in a NOT GUILTY verdict. This case highlights the importance of a robust legal strategy and understanding the nuances of Massachusetts law, especially in cases involving sensitive issues like domestic violence and restraining orders.

The Background of the Case

Our client was a victim of sexual assault by a college classmate. After bravely coming forward and publicly accusing this individual on social media, our client faced unexpected repercussions. The accused party, feeling threatened by the public allegations, sought legal protection by obtaining a restraining order against our client.

This situation escalated when our client, frustrated and feeling that the restraining order was unjust, made a post on Twitter discussing the order. Although our client tagged the accused in the tweet, it was crucial to note that this individual had previously blocked our client on social media. This detail became central to our defense strategy.

Legal Arguments: Understanding Massachusetts Restraining Order Laws

In Massachusetts, violating a restraining order can lead to severe legal consequences. Under Massachusetts General Laws Chapter 209A, a restraining order is designed to protect individuals from harassment or harm. However, for a violation to be established, there must be clear evidence that the accused attempted to contact or harass the protected party.

Key Points of Our Defense

No Direct Contact: Our primary argument centered around the fact that tagging someone who has blocked you does not constitute an attempt to contact them. In essence, our client had no way of reaching out since the other party had effectively cut off all communication avenues.
Public Expression vs. Violation: We contended that expressing frustration about a legal ruling on social media does not equate to violating a restraining order. Our client’s intent was not to harass but rather to voice their feelings about an unjust situation.
Lack of Knowledge: Since our client was aware that they had been blocked, it further supported our argument that there was no intention to breach the order. The law requires intent and knowledge for violations; without these elements, charges should not stand.

The Verdict

After presenting our arguments and evidence before the judge, we were pleased to see that our reasoning resonated with the court. The judge ruled in favor of our client, declaring them NOT GUILTY of violating the restraining order. This outcome not only vindicated our client but also reinforced their right to express themselves publicly without fear of unjust legal repercussions.

Why You Need an Experienced Criminal Defense Attorney

Facing charges related to restraining orders or any form of domestic violence can be daunting. The stakes are high, and having an experienced attorney who understands both the law and your unique situation is essential.

Conclusion

The successful defense led by Attorney Matthew Peterson serves as a testament to what can be achieved with diligent preparation and a thorough understanding of the law. If you or someone you know is facing charges related to violating a restraining order or any other domestic violence-related allegations, do not hesitate to reach out for help.

At the Law Office of Matthew Peterson, we are committed to fighting for your rights and ensuring that you receive fair treatment under the law. Contact us today at 617-295-7500 for a strategy session and take the first step toward securing your future.

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