Commonwealth v. Silva

When the trial record is purged of the erroneously admitted hearsay testimony, see Commonwealth v. Alphas, 430 Mass. 8, 13 & n.6 (1999), the remaining evidence does not warrant a finding that the defendant had knowledge of the extended 209A order he is charged with violating, an essential element of the offense under G. L. c. 209A, § 7. See Commonwealth v. Collier, All Mass. 385, 388 (1998); Commonwealth v. Delaney, 425 Mass. 587, 595-596 (1997), cert, denied, 522 U.S. 1058 (1998). That evidence consists of the 209A complaint form and order, both of which provide an address for the defendant,…