COMMONWEALTH v. HABENSTREIT

No. 02-P-607.

57 Mass. App. Ct. 785 (2003)

COMMONWEALTH v. MICHAEL S. HABENSTREIT.

Court of Appeals of Massachusetts, Hampshire.

April 15, 2003.


Attorney(s) appearing for the Case

Darla J. Mondou for the defendant.

Cynthia M. Pepyne, Assistant District Attorney, for the Commonwealth.

Present: DUFFLY, DREBEN, & KANTROWITZ, JJ.


DREBEN, J.

The question raised in this appeal is whether a defendant may be convicted of violating a protective order (G. L. c. 209A) to stay away from a protected person's workplace if the alleged violation occurred at a time when the protected person was not at her workplace. The defendant claims there was insufficient evidence of a violation and that the District Court judge should have allowed his motion for a required finding of not guilty.

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