Can the prosecution use restraining orders as evidence in a criminal trial?
Restraining orders, also referred to as abuse prevention orders under Chapter 209A, serve as powerful legal tools that prohibit all forms of contact, whether direct or indirect. Recently, Massachusetts legislators have simplified the requirements for obtaining a restraining order. Individuals no longer need to establish an immediate threat of serious physical harm. They can now secure a restraining order by demonstrating “coercive control.” We will explore the effects of this legislative adjustment in more detail in a future article but anticipate the changes will result in a rise in the issuance of restraining orders in the near future. As such, it makes the question of whether the prosecution can use the presence of a restraining order in its case against a defendant even more pertinent.
Like many things in the legal world, the answer to this question is that submitting a restraining order as evidence depends on the details of the situation. The following will provide a better understanding of how the legal system generally works in these situations.
Will the court find out about a previous restraining order?
One of the first questions for those in this situation is whether the prosecution will even know about the restraining order. Whether the order is connected to the current criminal charges or not, the prosecution is likely to discover the existence of present or prior restraining orders. This is because Massachusetts maintains a Statewide Domestic Violence Record Keeping System, similar to the criminal record system. Just as they may use the criminal record systems, the prosecution, officers, and judges can access and search the domestic violence record system for information related to a case.
Can the prosecution admit a restraining order as evidence?
There are two ways to analyze this question. The first involves a situation where there was a violation of the restraining order. As discussed in previous articles, a violation of a restraining order is a crime. As such, the prosecution may find success in an attempt to admit the violation of the restraining order as a piece of evidence if it is relevant to their case. The second is much more nuanced and involves the question of whether the prosecution can admit the mere presence of a restraining order as evidence towards their case. This would be much more difficult for the prosecution, but a strong defense strategy should take this possibility into account and prepare to defeat such an attempt.
These are just a few of the many ways the prosecution may try to admit evidence of a restraining order in a criminal case. If not carefully managed, the introduction of this evidence could lead to perceptions of guilt based not on the evidence of the crime at issue but on past behavior or allegations.
What if the prosecution does not follow the rules when admitting evidence?
There are instances when the prosecution may wrongly attempt to admit evidence, such as a restraining order, that is not relevant to the charges. Depending on the severity and impact of the error, a proper challenge can lead to a retrial or even dismissal of the case.
Given the potential for increased issuance of restraining orders under the revised Massachusetts legislation, individuals facing criminal charges are wise to learn how the prosecution may attempt to leverage such orders in court. Those who are the subject of a restraining order must understand not only the direct implications but also how the order could influence the perception of their character and actions in unrelated criminal proceedings. This increases the need to have a defense strategy tailored to the specifics of your case to help better ensure your rights are protected.
