Temporary Restraining Order Form Foreclosure In Massachusetts
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FAQ
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 ...
Generally, only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Massachusetts. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.
A violation of a restraining order is a criminal offense in Massachusetts. Upon breaking the terms of a restraining order, a judge may sentence the individual to a maximum of two and a half years in jail and impose a fine of up to $5,000.
The process generally involves the person who requested the order (the plaintiff) filing a motion or request with the court to dismiss or vacate the order. This request must state the reasons why the plaintiff no longer needs the protection of the restraining order.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
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.
Understanding the Basics A protective order, commonly known as a restraining order, is issued by a court to protect a person from harm or harassment. In contrast, a no-contact order specifically regulates communication between individuals, often prohibiting contact through phone calls or text messages.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
