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Massachusetts Affidavit for Filing Out-of-State Protective Order

State:
Massachusetts
Control #:
MA-SKU-0517
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PDF
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Affidavit for Filing Out-of-State Protective Order

The Massachusetts Affidavit for Filing Out-of-State Protective Order is a legal document used to obtain a restraining order from another state. It is used when an individual is living in Massachusetts and seeks protection from an individual living in another state. This affidavit is used to advise the court of the relevant facts of the situation, such as the nature of the relationship between the parties, any history of abuse, and the need for protection. It is typically accompanied by a copy of the out-of-state restraining order that is being requested. There are two types of Massachusetts Affidavit for Filing Out-of-State Protective Order: the Complaint Affidavit and the Ex Parte Protective Order. The Complaint Affidavit is used when the individual seeking protection has been served with an out-of-state restraining order. The Ex Parte Protective Order is used when the individual seeking protection has not been served with an out-of-state restraining order. In either case, the individual must provide the court with relevant information, such as the name and address of the respondent, a description of the relationship between the parties, and a statement of the need for protection.

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FAQ

An affidavit of non-prosecution is a legal document where a victim expresses their desire not to pursue charges against a defendant. In Massachusetts, this often occurs when victims change their minds after an incident. If you're involved in such a case, understanding the process can also relate to your Massachusetts Affidavit for Filing Out-of-State Protective Order.

Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.

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.

In order to issue a restraining order against you, the judge must find that you caused or attempted to cause physical harm, or that you put someone in fear of imminent serious physical harm, or that you caused someone to have sexual relations with you by using force, threat or duress.

Under the Massachusetts Abuse Prevention Act (209A Protective Orders), petitioners are protected against physical or sexual abuse by a relative or household member under this sort of order. The defendant is refrained from contacting, abusing, or living with the petitioner.

Use the Court Locator to get the clerk's email address and phone number. File a Plaintiff's Motion to Modify or Terminate Abuse Prevention Order if you already have a restraining order and you need to: change an order that is in effect now, or. end an order that is in effect now.

Civil, summary process, and supplementary process fees Allowance of Temporary Restraining Order or Preliminary Injunction (Section 466 - M.G.L. c. 185C, §19)$90.00Entry of Action filed (Section 466 - M.G.L. c. 185C, §19)$120.00 plus $15.00 surcharge =$135.001 more row

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Massachusetts Affidavit for Filing Out-of-State Protective Order