What Crimes can be Charged?
In addition to the crime of violating a 209A Order, an abuser can be charged with a number of other crimes committed at or near the time of the violation, some of which may include:
- Assault (G.L. c. 265, Section 13A), which is an attempt or offer to do bodily injury by force or violence or attempt to batter.
- Assault and Battery ( G.L. c. 265, Section 13A), which is a harmful or unjustified touching of another, no matter how slight, without a legal right to do so.
- Assault and Battery by Means of a Dangerous Weapon ( G.L. c. 265, Section 15), which is a battery with a dangerous weapon, such as a baseball bat, a shod foot, a knife or other object either inherently dangerous or used in a way that may cause serious injury or death to another.
- Threats (G.L. c. 27, section 4), which are verbal or written threats to do harm which a victim reasonably believes the abuser can commit.
- Trespassing ( G.L. c. 266, section 120), which is entering or remaining in a house or on land in violation of a 209A Order.
- Malicious Destruction Of Personal Property (G.L. c. 266, section 127), which is the destruction of or injury to personal property, a house or building in a manner that is willful and malicious.
- Stalking (G.L. c. 265, section, 43 (a)), which is the willful, malicious and repeated following or harassing of an individual and the making of threats with the intent to place that person in imminent fear of death or serious bodily injury. The penalties are greater for a conviction of a stalking crime committed in violation of a 209A Order.