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Temporary Restraining Order Requirements In Massachusetts
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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.
Massachusetts Restraining Orders Step 1: Go to court to get and file the complaint. Step 2: Fill out the necessary forms. Step 3: The ex parte hearing. Step 4: Service of process. Step 5: The hearing.
To obtain a restraining order in Massachusetts, you must prove that there has been a prior incident of violence. Prior incidents include assault, harassment, stalking, terroristic threats, and other forms of harassment.
A sworn statement (affidavit) describing the facts of a recent or past incident(s) of abuse is required on the application or complaint form for a restraining order. It is also important to provide information about the abuser, such as work address, telephone, birth date and social security number.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
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 ...
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.
Yes, you can seek a restraining order against someone who is engaging in text harassment or any other form of harassment. If the individual's actions have become bothersome and intrusive to the point of causing fear and distress for you and your family, it may be necessary to take legal action to protect yourselves.