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Massachusetts Application for Temporary Restraining Order
State:
Massachusetts
Control #:
MA-H-CV-004
Format:
PDF
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How to fill out Massachusetts Application For Temporary Restraining Order?
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FAQ
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. 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.
If a person is subject to a restraining order and violates it, he or she can face serious penalties.Even if the parties no longer desire the restraining order to be in effect, the restraining order is still valid and enforceable while in effect. In order to remove it, the restraining order must be lifted by the court.
To get a restraining order at a courthouse, you need to do three things: (1) fill out a Complaint, (2) on that same day, go to a hearing to tell the judge why you want the restraining order, and (3) go back to the courthouse later for another hearing, often called a 10-day hearing, where the defendant will have a
You can request that the defendant be ordered to have no contact with you. This means that the defendant: Must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is listed on the order.
File and Answer to the TRO. Tell your side of the story at the mandatory hearing, where the court will review the temporary restraining order and decide whether or not to grant it.
Consider Hiring an Attorney. Prepare Your Evidence in an Organized Fashion. Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. Be Mindful of Proof of Service. Do Not Underestimate the Burden of Proof.
The first step in fighting a restraining order is to contact an attorney right away so that they can begin working on your case. You will have a chance at your hearing to present evidence in your defense, and an attorney will know precisely what you will need to best fight the injunction.
To get a Harassment Prevention Order, file a Complaint for Protection from Harassment in any District Court, Boston Municipal Court, Juvenile Court, or Superior Court that covers the area where you live. See the the Trial Court's website for the Complaint form, Affidavit form, and Instructions.
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.
