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Temporary Restraining Order Sample With Motion To Dismiss In Massachusetts
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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.
Rule 36 allows some cases to be dismissed in Massachusetts criminal courts if they go past a year. This is different from the “speedy trial” constitutional right, but it's the same principle.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
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.
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 defendant in a restraining order can file a request to modify or terminate a restraining order. If they do, the court will schedule a hearing and mail you a copy of the motion with the hearing date so you can attend and oppose the request.
(a) A person who files a petition for an extreme risk protection order, knowing the information in the petition to be materially false or with an intent to harass the respondent, shall be punished by a fine of not less than $2,500 and not more than $5,000 or by imprisonment for not more than 21/2 years in the house of ...
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 burden of proof is the obligation to prove a case using relevant evidence. It is a legal rule that helps judges and juries weigh the evidence of a particular case to determine the outcome of a trial. In a Massachusetts personal injury case, a plaintiff must prove their case by a preponderance of the evidence.