A "family or household member" under this law is a (1) spouse or former spouse, a (2) person you have had a child with or (3) a person you have dated "substantively." A "substantive" dating relationship has no firm definition. Assault and Battery with a Dangerous Weapon ("ABDW") (Mass. On or before the tenth day, the court must hold another hearing that gives the other party an opportunity to appear and demonstrate that there is no need for a 209A order.
It generally means a person you have have dated with some level of seriousness. To issue the first, temporary 209A abuse prevention order, the court must find that there is "a substantial likelihood of immediate danger of abuse." Mass.
This determination placed the comment outside of the realm of protected speech.” The Witness Intimidation statute G. If you are a citizen or attorney confronted with this complicated area of law, we are glad to offer our thoughts.
In this case, after the defendant swallowed the purported drugs, the cop placed her under arrest and charged her with violating the witness intimidation statute.
A Boston Municipal Court judge dismissed the case but the Appeals Court reversed.
Swallowing drugs is a common strategy of drug dealers and users who want to avoid being arrested.
The strategy is usually successful because if the drugs are not recovered and tested by the state laboratory, the Commonwealth cannot prove beyond a reasonable doubt that the substance was an illegal narcotic.