Commonwealth v. Goldman

The defendant was convicted of violating the provisions of two G. L. c. 258E harassment prevention orders that required him to "remain away from [the protected persons'] residence." On appeal, the defendant argues that the remain-away provision was misinterpreted, both by a motion judge in refusing to dismiss the complaint for lack of probable cause, and by the trial judge in responding to a jury question about the provision.

We conclude that ordinarily, the remain-away provision of a c. 258E order prohibits a defendant from (1) crossing the residence's property line, (2) engaging in conduct…