Legal Question in Criminal Law in Massachusetts

209A charges

I just read a good question on this website regarding someone who was charged with a 209A violation, made me think of a question I've thought of several times over the years. Several years ago I too was slapped with a bogus 209A, and even though I moved away from my accuser to a different city, several times out of vindictiveness she called the police and accused me of violations of the order (which by the way was eventually taken away from her for abuse.) Twice I was arrested and charged with violating the restraining order, both times I went into court with proof I was not within 50 miles of my accuser, charges immediately dropped (but no apology). My question: I'm wondering now why the police and DA, who were so quick to put warrants out for my arrest and charge me, did not immediately file charges against my accuser as soon as they learned she abused the 209A order by twice filing false reports? Why is that?


Asked on 5/27/07, 10:07 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: 209A charges

It is rate for the police to take actions against an accuser such as the one you mention. There is no reason that I have ever seen or heard. The police acts when they have probable cause. This is satisfied by facts submitted by the complainant. It is the complainant who did something wrong, not the police.

You could file for a criminal complaint. You could also file civil action against the complainant.

If I can be of assistance, or if you have further questions, contact me.

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Answered on 5/27/07, 10:18 pm


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