A Massachusetts Plaintiff's Motion to Modify or Terminate Abuse Prevention Order is a legal document filed by a plaintiff in the Commonwealth of Massachusetts to have an existing abuse prevention order modified or terminated. This motion is typically filed in cases of domestic violence or abuse. The motion must be filed in the court where the original order was issued, and it must state the reasons why the plaintiff believes the order should be modified or terminated. There are two types of Massachusetts Plaintiff's Motion to Modify or Terminate Abuse Prevention Order: 1. Motion to Modify Abuse Prevention Order: This type of motion is filed when the plaintiff believes that the existing abuse prevention order should be amended in some way. The plaintiff must provide evidence that the order should be modified to better protect the plaintiff from future abuse, or to reduce the impact of the restrictions imposed by the order. 2. Motion to Terminate Abuse Prevention Order: This type of motion is filed when the plaintiff believes that the existing abuse prevention order should be completely terminated, and that there is no longer a need for the protection it provides. The plaintiff must provide evidence that the order is no longer necessary to protect the plaintiff from future abuse.
Massachusetts Plaintiff's Motion to Modify or Terminate Abuse Prevention Order
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FAQ
What is the punishment for a violation of a 258E order? A violation of 258E is a criminal offense. The violator can be fined up to $5,000, or imprisoned for up to 2 ½ years, or both. Someone convicted under 258E must also pay a fine of $25.
The abuse prevention law allows victims to ask for a court order to protect them. This is sometimes called a 209A order, abuse prevention order, restraining order, or protective order. In court, the defendant is the person the order is issued against.
209A, the rules of evidence should be applied flexibly by taking into consideration the personal and emotional nature of the issues involved, whether one or both of the parties is self-represented, and the need for fairness to all parties." Guidelines for Judicial Practice: Abuse prevention proceedings, Mass.
Unlike a 209A restraining order, a 258E harassment prevention order cannot be issued by the Probate and Family Court. The courts that hear 258E cases also handle criminal cases. The Probate and Family Court, which also hears 209A cases, does not handle criminal cases.
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.
You have 30 days to appeal after the judge makes their decision. No matter what court issued the order, you must appeal to the Appeals Court. To start your appeal, you must file a Notice of Appeal at the clerk's office of the court that issued the order within 30 days of your hearing.
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.
The law basically includes all family members, or people who have or had a dating relationship, or people who do or did live together regardless of a dating or family relationship. A No Stalking No Contact Order differs from an Order of Protection in that is does not require a domestic relationship.