Guideline 8:12A
Unlike G.L. c. 209A, there is no blanket prohibition in G.L. c. 258E against a disposition by means of accord and satisfaction, pursuant to G.L. c. 276, § 55. Section 55 prohibits the entry of an accord and satisfaction where the offense is committed against a law enforcement officer, “riotously”, with the intent to commit a felony, is a violation of a restraining order, a violation of G.L. c. 265, § 13M or § 15D or would otherwise constitute abuse, as defined in G.L. c. 209A § 1.
Commentary
Accord and satisfaction to resolve a violation of a c. 258E order may be permitted under G.L. c. 276, § 55, as it is not expressly barred by that statute. The statute allows for the “person injured [to] appear[] before the court… and acknowledge[] in writing that he has received satisfaction for the injury…” and that, “upon payment of such expenses,” the court may dismiss the charges, in the discretion of the judge. G.L. c. 276, § 55. Such a disposition may be appropriate where the alleged violation of the harassment prevention order involves a claim of property damage, but, in most cases, would not be appropriate where a violation of the stay away or no contact provisions of a c. 258E order is alleged.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|