Commonwealth v. Fortier

The issue presented is whether a criminal violation under the abuse prevention statute for “attempting to cause . . . *117physical harm,” G. L. c. 209A, § 1(a),1 requires that the attempt be proved consistent with the elements of proof generally required for attempted criminal offenses, or whether the term “attempting” in this provision of c. 209A has a different meaning. We follow the precedent in Commonwealth v. Gordon, 407 Mass. 340 (1990), which construed a related abuse violation in G. L. c. 209A, § 1, and hold that a § 1(a) abuse violation requires proof consistent with the elements of…