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Massachusetts Appellate Court Decides Text Message Restraining Order Case
A typical restraining order prohibits contact between two people, typically in a domestic violence or stalking situation. But what qualifies as contact? Are text messages from a certain phone number considered “contact” even though there is no way to prove who is behind the phone? The Massachusetts Court of Appeals decided this question in the case of Commonwealth v. Gonsalves.
What happened in the Gonsalves case?
Facebook is frequently mentioned in Court cases involving violations of a 209A order in Massachusetts. Recently, I was in Marlborough District Court waiting for an OUI trial to be heard; in front of me were two trials regarding 209A violations allegedly involving Facebook posts. A case in New York illustrates how Facebook posts can lead to a violation of a restraining order.
Massachusetts Criminal Defense Lawyer Blog