Articles Posted in Domestic Violence and Restraining Orders

Proving Who Sent Anonymous Emails in a Massachusetts Stalking Case: Commonwealth v. Hayes
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center October 16, 2026 On September 24, 2026, the Massachusetts Appeals Court upheld the convictions of a man who pursued a woman he met in high school for about fifteen years, violated the harassment prevention order she obtained against him, and threatened her family in emails sent…

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Confrontation Rights and Harmless Error in a Family or Household Member Assault Case: Commonwealth v. Khadgi
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center September 28, 2026 Shortly before 2 A.M., a Cambridge police officer walking through Harvard Square saw Shyam Khadgi striking a woman in the face and arms. The officer saw Khadgi strike her ten to fifteen times, hard enough to lift his own foot off the ground.…

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Improper Closing Argument in a Domestic Violence Trial: Commonwealth v. Pena
Attorney Joe Serpa

The Massachusetts Appeals Court has vacated a domestic violence conviction because of the prosecutor’s closing argument. In Commonwealth v. Pena, No. 24-P-970 (Mass. App. Ct. July 24, 2026), the Appeals Court set aside a Boston Municipal Court jury verdict for assault and battery on a family or household member. The court held that the prosecutor…

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The Appeals Court Vacates a 209A Order Based on Coercive Control: V.B. v. B.W.R.T.
Attorney Joe Serpa

The Massachusetts Appeals Court has issued an early decision on a 209A restraining order (abuse prevention order) based on coercive control. The Appeals Court applied the coercive control definition that the Legislature added to the abuse prevention statute in 2024. In V.B. v. B.W.R.T., No. 25-P-1086 (Mass. App. Ct. July 24, 2026), the court vacated…

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State and Federal Records of Massachusetts 209A Restraining Orders and 258E Harassment Prevention Orders
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 This post explains which record systems hold a Massachusetts 209A restraining order (abuse prevention order) or a 258E harassment prevention order. The post also explains who can see the records in each system. Removing an order from the registry is…

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Cross-Examining an Absent Accuser: Excited Utterances, Spontaneous Utterances, and Section 806 in a Massachusetts Domestic Violence Trial
Attorney Joe Serpa

Some of the hardest fought Massachusetts domestic violence cases I try are the ones where the accuser never takes the stand. The person who called 911 recants, refuses to appear, or has reconciled and wants the case gone. The Commonwealth does not always drop those cases. It tries to prove them through the recording and…

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Greater Boston Criminal Law Alerts

Matthew Farwell Convicted in the Death of Sandra Birchmore: The Evidence, the Elements and the Verdict

By Attorney Joe Serpa | Georgetown University Law Center On Tuesday, November 10, 2026, a federal jury in Boston found former Stoughton police officer Matthew Farwell guilty on both counts of the superseding indictment that charged him in the death of Sandra Birchmore, according to WBUR. Count One charged him with killing a witness or…

Judge Denies Lindsay Clancy’s Double Jeopardy Motion: The November 9, 2026 Rulings

By Attorney Joe Serpa | Georgetown University Law Center On Monday, November 9, 2026, Judge William Sullivan denied Lindsay Clancy’s motion to dismiss the murder charges on double jeopardy grounds. He also denied her request for records about the holdout juror and her request to question that juror under oath. He denied the Commonwealth’s request…

Lindsay Clancy Hearing on November 2, 2026 and the Double Jeopardy Motion

On November 2, 2026, Judge William Sullivan heard the Lindsay Clancy double jeopardy motion and indicated that a second trial could begin in March 2027.