If you are facing a restraining order, you need help from a lawyer immediately. Restraining orders are often filed in civil court and can be quite serious in their consequences. At a hearing the judge will decide whether you qualify for an order of protection. You may be allowed to present testimonial and documentary evidence.

Legal Recognition

In Massachusetts, individuals may seek a restraining order to protect themselves from abuse, harassment, stalking or civil rights violations. These are civil records that carry serious ramifications for both parties, including fines and imprisonment for violators. Understanding the different kinds of restraining orders and their criteria is important to anyone seeking this type of legal protection.

A judge typically reviews the petition for a protection order ex parte (without the other party present) in Superior, District or Probate Court. The judge can then grant a temporary restraining order that is sent to the police where the alleged perpetrator lives.

Fighting the issuance of a restraining order requires highly skilled legal representation and case preparation. This includes contesting the validity of the allegations and defending against future alleged criminal violations as well as expunging the damaging lifetime civil record. Our experienced restraining order lawyers have experience with all aspects of this area of law. Please contact us to learn more about how we can help.

Filing For A Restraining Order

The exact rules for obtaining restraining orders vary from state to state but most establish who can file, who the order protects against, and how it will be enforced. Generally speaking, a person can obtain protection against a family or household member who has committed domestic violence, stalking, threats, or harassment.

To file for a restraining order, you must visit your local courthouse, usually in probate or family court (depending on your county’s law). A judge will review the petition to determine whether a temporary restraining order should be issued without hearing from the other party – this is called an ex parte restraining order.

If the temporary restraining order is granted, you will be given a date to return to court for a hearing to establish a permanent restraining order. At this hearing, you will be able to present evidence that supports your request for protection. Often, this involves carefully documenting any incidents of abuse or harassment to support your case.

Court Hearings

The court’s response to your petition for protection may require evidence like incident histories, medical records or communication between you and the respondent. For long-term protective orders, the court must establish that you have genuine concerns about your safety.

A restraining order is a legal document granted by a judge to prevent an individual from threatening, harassing, assaulting or stalking another person. It can be a full or limited Order of Protection and may span a specific time period or be permanent, depending on the judge’s decision. Violating the order can result in Criminal Contempt and jail time.

Unfortunately, restraining orders are often misused in divorce or custody battles, with people falsely alleging abuse in the hopes of tilting their case in their favor. Your restraining order lawyer can help you fight allegations made without corroborating evidence and defend against charges that are not justified. The process of obtaining an order requires careful preparation. A skilled lawyer decodes legal intricacies and joins your evidence to present a solid defense.

Enforcement Of A Restraining Order

Once a judge issues an order of protection, the next step is to ensure that it gets served on the defendant and sent to law enforcement. Once an officer receives a copy of the order, they are authorized to arrest anyone who violates its terms. Violations include contact with the plaintiff, being present in their home or workplace or disturbing their sleep. A restraining order violation is also considered contempt of court.

Our attorneys can provide representation at any hearings regarding a restraining order, including the 10 day hearing and any hearings that may follow. At these hearings, we can offer testimony and evidence that may help rebut the restraining order request.

Victims of domestic violence, sexual assault and stalking can experience emotional trauma that interferes with their everyday lives. They need support from a Boston restraining order lawyer that they can trust. Our attorneys can help victims get the immediate protection they need and work to have any existing restraining orders modified when circumstances change.

Conclusion

Restraining order lawyers handle cases involving allegations of abuse or threat in intimate or family relationships. These orders are issued in court and typically come with a hearing where both sides present evidence. Violating a restraining order carries serious legal consequences. It is important to work with a lawyer and understand the limitations and conditions.