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Online Restraining Order Forms With Carbon Copy In Massachusetts
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No. A person does not get a criminal record just because they have a restraining order against them. It is only a crime to disobey, or “violate,” the restraining order.
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.
Generally, orders issued in cases of domestic violence, harassment, and sexual assault are accessible to the public once they are served to the defendant. This includes both temporary and permanent orders. However, the details accessible to the public may not include sensitive personal information.
If your copy is not a certified copy, call or go to the court that gave you the order and ask for a certified copy. You can find contact information for courthouses in Massachusetts on our MA Courthouse Locations page.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
A restraining order is a court order requiring a person to do (or not do) certain things. In the context of online abuse, a restraining order prevents the perpetrator from further contacting and harassing the victim.
Threatening or harassing emails may also be a basis for a restraining order against the abuser. To read about the types of restraining orders available in your state, select your state from the drop-down menu on our Restraining Orders page.
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 ...
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.