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Restraining Orders

When calling the police can no longer give an ordinary citizen protection from another, restraining orders can be the next step, a quick and secure way to get the courts involved.  Getting the courts involved means having a judge order someone to stay away from you, your loved ones, and areas you frequent.  If this is something that you are interested in filing, or if you feel a restraining order has been unfairly taken out on you, contact our offices today.

—View Our Hotlines and Resources Page if You have been a Victim of a Crime—

Contact us today for a free consultation at 774-4LAW-006 or info@mybostonlaw.com

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FILING A RESTRAINING ORDER

A restraining order (also known as a 209A protective order)  is a legal order issued by a judge that requires one person to stay away from another person.  The process of getting a 209A restraining order is considered a civil, rather than a criminal proceeding, but the violation of one  is considered a criminal act of violence, PUNISHABLE BY A FINE OR IMPRISONMENT.

LEGAL ELEMENTS

To obtain a restraining order in Massachusetts, a person must prove, by a preponderance of evidence, that

  • the abuser has caused or threatened to cause physical harm, or
  • has placed the victim in fear of imminent serious physical harm.

WHAT TO DO IF YOU ARE SERVED WITH A RESTRAINING ORDER

  1. Avoid any and all contact with the plaintiff (the person who filed for the restraining order) until the hearing, regardless of whether they claim to drop the restraining order or not.
  2. Thoroughly consider hiring an attorney.
  3. Attend the hearing at the specific time, date, and court it has been scheduled.
  4. A hearing will be scheduled approximately two(2) weeks from the filing date.  At the hearing, you have the right to:
  • an attorney
  • cross-examine the plaintiff regarding his or her claims against you
  • provide and question witnesses

—View Our Hotlines and Resources Page if You have been a Victim of a Crime—

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Contact us today for a free consultation at 774-4LAW-006 or info@mybostonlaw.com

DISCLAIMER – The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Information viewed on this website IS NOT legal advice and SHOULD NOT be relied on without consulting an attorney.