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Restraining Order Form Printable Form 2018 In Massachusetts

Category:

Animals - Pets

State:

Multi-State

Control #:

US-000299

Format:

Instant download

Description

The restraining order form printable form 2018 in Massachusetts is designed to help individuals seek protection from harassment or abuse. This form allows users to request a temporary restraining order from the court, which can be made permanent after a hearing. Key features of the form include sections to detail the relationship between the parties, incidents of abuse or threats, and specific requests for relief. Users should fill the form out completely, ensuring clarity and accuracy, and provide all required documentation when submitting. The form can be edited for specificity of individual circumstances while maintaining essential legal language. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may assist clients in navigating protective orders. This form addresses critical legal needs, aiding users in achieving safety from harmful or harassing situations, which is key for the wellbeing of the individuals seeking such orders.

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FAQ

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.

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).

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 ...

The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.

Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.

Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.

Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.

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.

(CORI does not include restraining order cases or non-criminal matters such as DCF “51A” reports of child abuse or neglect.

In Massachusetts, you can look up a Restraining Order, but the specifics depend on whether the order is part of an open court case or a concluded one. Active cases might not have publicly accessible details due to privacy and safety concerns.