Commonwealth v. Todd, 1999 Mass. Super. LEXIS 572 (Mass. Super. Ct. Dec. 30, 1999).

• A restraining order was obtained against a defendant; however, the order was never served on him. Subsequently, the defendant and two friends, took his child without permission, and attempted to return to Florida with his child. Our office filed a motion to dismiss charges related to the violation of the restraining order, since there was no evidence that the restraining order had been served on our client. The court found in our favor, because the grand jury heard no evidence relating to defendant's knowledge of the terms of the restraining order, the evidence was insufficient to sustain the indictment for violation of a restraining order. (Mass. Gen. Laws chapter 209A, § 7.)