This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
In Massachusetts, the burden of proof for obtaining a restraining order, whether it's an Abuse Prevention Order under Chapter 209A, or a Harassment Prevention Order under Chapter 258E, is a “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that you have been subjected to ...
Under Massachusetts CORI (Criminal Offender Record Information) law, restraining orders in Massachusetts typically don't show up on standard background checks. However, there's more to the story. While they might not appear on basic employment screenings, restraining orders can be found through: Court background checks.
Go to court You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Long-term orders: A long-term abuse prevention order can be issued after the abuser is given notice and the chance to appear at a court hearing where you and the abuser will each have a chance to present evidence to the judge. If you can prove that you were abused, the judge can issue you an order for up to one year.
Harassment Prevention Orders are often called “258E orders” because of the law that created them, General Laws Chapter 258E. Unlike 209A Restraining Orders, to get a Harassment Prevention Order: You do not have to have a romantic, family, or domestic relationship with the defendant .
''Harassment'', (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes ...