Restraining Orders in Massachusetts:

What does a Prosecutor Have to Prove to Show that a Violation on a Restraining Order took place?

They have to prove the case beyond a reasonable doubt; which leads to a moral certainty. They must show (1) a Restraining Order was issued to you by the court and it is valid; (2) that you received proper notice that the Order was in effect and that you received proper notice of the conditions of the Order; (3) that you violated a terms of the Order and (4) that the Order was in effect at the time of the alleged violation.

What are Defenses to an Alleged Violation of Restraining Order?

There are a variety of different defenses. Some common examples are: You are not served properly with the Order; any contact did not actually violate the terms of the Order; or if there was contact that violated the terms that it was unintentional or an accident. 

There is also a variety of technical violations that maybe significantly mitigated based on your past history hopefully having no legal or criminal difficulty and the extent of what the alleged violation is. It is important to realize the consequences can be fairly significant if the court determines that you violated the Restraining Order.