Commonwealth v. Melton

I agree that the defendant’s convictions of threats should be affirmed. I respectfully disagree that the evidence sufficed to establish that he had actual or constructive knowledge of the ex parte restraining order or its terms to support his conviction on that charge.

The dangers faced by those seeking the protection of a restraining order cannot be gainsaid. Indeed, the danger posed to Monteiro by this defendant is graphically set forth by the majority. Nevertheless, before a defendant may be convicted of violating a restraining order, he must have actual knowledge or fair notice of the…