The Commonwealth of Massachusetts has charged Nathan Moss with 1 count of violating a no contact order of a protection order that Claire Cohen put out against him on May 23, 2016. Nathan Moss (Mr. Moss) and Claire Cohen (Ms. Cohen) are both seniors at Plymouth South High School and dated for about 10 months prior to Ms. Cohen placing a protective order against Mr. Moss.
According to Ms. Cohen, during their time dating Mr. Moss had displayed a few signs of aggressive and jealous behavior. In January of 2016, Mr. Moss told Ms. Cohen that a few male acquantiances were speaking about the way she looked in her softball shirt that evening. When Ms. Cohen tried to reassure Mr. Moss about the harmlessness of the comments, Mr. Moss kicked a hole through …show more content…
Moss’s contact with Ms. Cohen will like be viewed as voluntary because he could have reasonably expected his snap chat to inevitably reach Ms. Cohen and he took no action to prevent this from happening. Unlike the defendant in the Raymond case, who could not have reasonably expected the protected party to be present, Mr. Moss could have reasonably expected his snap chat to reach Ms. Cohen when he sent it to every member of her softball team including one of her best friends Ms. Doyle. Mr. Moss may argue that the snap chat was meant for Ms. Jessica Jones, a prior ex-girlfriend of his who is also a member of the softball team, and Ms. Cohen’s viewing of the snap chat was merely incidental. However, like the Kendrick case, where the commonwealth showed the defendant’s past incidences with children were similar to his violation of the no contact order to infer the voluntariness of his actions, Mr. Moss conducted himself in a manner similar to his past conduct with Ms. Cohen through the caption of the snap chat, “This is what cheaters get.” Months before sending the snap chat, Mr. Moss had accused Ms. Cohen of cheating on him when she broke off their relationship. He also had exhibited violent tendencies when he threw a kindle tablet against a wall in her room. Like in Raymond and Kendrick, the court is likely to base their decision on Mr. Moss’s reasonable foreseeability and his past and present conduct. Thus, the court is likely to find that Mr. Moss’s contact with Ms. Cohen was voluntary and