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Temporary Restraining Order Form For T Shirts In Massachusetts
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If you have only been to court 1 time, your order is temporary (also called an “ex-parte” order). This type of order is usually in place for 10 business days until the 2nd hearing, known as the 2-party or 10-day hearing, when the abusive person can come and ask the judge not to continue the order.
A temporary order will last until the final hearing, which usually takes place within ten business days. If the court is closed or you are unable to go to court because of your physical condition, the judge can issue a temporary ex parte order by phone.
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.
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 ...
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
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 significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
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.
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.