Commonwealth v. Fox
Commonwealth v. Fox
Opinion of the Court
The defendant appeals from the order revoking his probation and imposing sentence, which was based on his failure to abide by the condition of his probation that prohibited him from contacting Devone Fox (his former wife) directly or indirectly. We affirm.
The defendant argues that there was insufficient evidence to prove by a preponderance of the evidence that he violated the condition of his probation
"To warrant revocation of probation, the Commonwealth must prove one or more violations of the conditions of probation by a preponderance of the evidence." Commonwealth v. Hector H.,
Here, the judge's findings were amply supported by the evidence. The victim was the defendant's former wife. He had previously lived with the victim and the children at the home to which the letters at issue here were addressed. It is no big leap to infer that the defendant knew the patterns of the victim's household -- including those relating to the opening of the family's mail. Moreover, the letters were addressed to the "Fox Family," of which the victim was a member. By contrast, when the defendant wished to communicate only with the children, for example on their birthdays, he addressed his cards and letters to them individually. In addition, the subject matter, tone, and content of the letters reveal that they concerned matters directed to the victim -- not the children. For example, one letter began, "This letter doesn't pertain to you kids, these are not matters I would normally discuss with you."
In these circumstances, the evidence supported the judge's finding that the defendant intended to contact the victim, in violation of his probationary condition. " '[N]o contact' probation conditions, as well as the term 'no contact' in the related context of G. L. c. 209A protective orders, have been read broadly to foreclose a myriad of potential encounters, engagements, or communications between people" (quotations and citation omitted). Commonwealth v. Pereira,
We are similarly unpersuaded by the defendant's argument that the probation order violated his right under the First Amendment to the United States Constitution to contact his children or interfered with his noncustodial rights of contact and communication with his children. Where, as here, the probationary conditions were reasonably related to the valid probationary purpose of protecting the victim, there is no infringement of the defendant's rights. Pereira,
Order revoking probation and imposing sentence affirmed.
The probationary condition was imposed as part of the defendant's conviction of stalking, one of several crimes of which he was convicted and sentenced. The judgments were affirmed by a panel of this court, Commonwealth v. Fox,
The probation conditions did not include a prohibition on contact with the victim's children.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.