Legal Question in Criminal Law in Massachusetts

Re: 209A question

In a 1990 case -- Com. v. Gordon, 553 N.E.2d 915, 407 Mass. 340 -- the court wrote that "c. 209A appears to anticipate that only a violation of an order to refrain from abuse, or an order to vacate the household, will represent a criminal offense."

It went on to say that "Section 7 of c. 209A requires any order to refrain from abuse or to vacate the household to contain the statement: 'VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE,' and provides that a violation of either of these types of orders 'shall be punishable by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years in a house of correction or both such fine and imprisonment.' In contrast, no specific criminal sanctions are provided for violations of 209A orders other than orders to refrain from abuse or orders to vacate the household. Furthermore, no statements warning of criminal liability for violations are required for any 209A orders other than those described in � 7."