A Massachusetts 209A Motion for Impoundment and Affidavit is a civil court order issued under Massachusetts General Laws chapter 209A. This motion is used to protect victims of domestic violence by legally restraining an abuser from engaging in further acts of abuse, harassment, or contact with the victim. The motion can be filed by a victim or an attorney representing them. The motion includes an affidavit from the victim that outlines the details of the abuse, harassment, or contact, as well as a restraining order. The restraining order is legally binding and may include terms such as no contact, no communication, and no physical or verbal harassment. There are two types of Massachusetts 209A Motion for Impoundment and Affidavit: * An Emergency 209A Motion, which is a temporary restraining order, and * A Final 209A Motion, which is a permanent restraining order. Both types of 209A Motion require the abuser to stay away from the victim and to cease any contact or communication with the victim. The Motion can also include other orders, such as a requirement for the abuser to pay for medical expenses or to surrender firearms.
Massachusetts 209A Motion for Impoundment and Affidavit
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How to fill out Massachusetts 209A Motion For Impoundment And Affidavit?
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Massachusetts Rules of Civil Procedure (the Rules) allow a party to move to vacate a judgment if certain parameters are met. Specifically, a judgment may be vacated due to excusable neglect, mistake or inadvertence, or because of newly discovered evidence.
Rule 5(b) permits service to be made by delivering a copy to the attorney or party (if the party appears pro se), or by mailing one to him at his last known address; or if no such address is known, to the clerk of court. If a party has more than one attorney of record, service upon one of them suffices.
All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.
No attorney shall be permitted to take part in the conduct of a trial in which he has been or intends to be a witness for his client, except by special leave of the court.
In Massachusetts, these were known as decisions, named after the appellate rule that permitted the Appeals Court to decide that a case was a ?no brainer? one way or the other?either there was ?no substantial question of law presented,? or that there was a ?clear error of law? involved.
A motion for impoundment may be sought at any time during the pendency of the case, including impoundment of the complaint when the case is commenced or after a final disposition of the case has entered. The motion should specifically describe the material to be impounded and the duration of the impoundment requested.
Impoundment allows sensitive and private information to be withheld from the public record of a civil or criminal proceeding. ?Impoundment is always the exception to the rule, and the power to deny public access to judicial records is to be 'strictly construed in favor of the general principle of publicity.
