A Massachusetts Bond on Temporary Restraining Order is a legal instrument used in the state of Massachusetts to secure a temporary restraining order (TO). It acts as a form of surety or guarantee that the plaintiff will be compensated for any damages suffered in the event that the TO is wrongfully granted. The purpose of a temporary restraining order is to provide immediate protection against potential harm or harassment. It is a court-ordered injunction that prohibits an individual from engaging in certain activities or coming into contact with another party for a specified period of time. These orders are commonly sought in cases involving domestic violence, stalking, or harassment. In Massachusetts, there are different types of bonds that can be used in conjunction with a temporary restraining order: 1. Applicant's Bond: This is a type of bond that may be required by the court when the plaintiff is seeking a restraining order. It serves as a financial guarantee that the plaintiff will compensate the defendant for any damages, financial losses, or costs incurred as a result of the TO if it is later determined to have been wrongfully obtained. 2. Defendant's Bond: On the other hand, a defendant may also be required to post a bond if they wish to challenge the restraining order. This bond ensures that if the defendant loses the case, they will pay for any damages suffered by the plaintiff during the period the restraining order was in effect. 3. Bond Amount: The amount of the bond required by the court can vary depending on the circumstances of the case. Factors such as the potential harm involved, the defendant's financial standing, and the plaintiff's need for protection may be considered in determining the bond amount. It is important to note that bonds are not always required in every case involving a temporary restraining order. However, when a bond is required, it acts as a financial safeguard and encourages both parties to proceed with caution, ensuring that the rights of both the plaintiff and the defendant are protected. In summary, a Massachusetts Bond on Temporary Restraining Order is a legal instrument used to secure the enforcement of a TO. It assists in compensating the defendant for any damages suffered if the TO is wrongly issued. Different types of bonds can be imposed on either the plaintiff or the defendant, depending on the circumstances of the case. These bonds promote fairness and provide financial security during the period of the restraining order.
Massachusetts Bond on Temporary Restraining Order
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Restraining order violations are misdemeanors and are handled in the district court. The penalty is up to 2.5 years in jail and/or a fine of up to $5,000.00, plus the batterer's program and any other probation conditions the court orders. What can constitute a restraining order violation?
A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or ...
- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
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.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.
Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.
Contrary to what many uninformed court employees, attorneys or even judges might otherwise tell you, a restraining order does not appear on your criminal record. The restraining order itself is civil in nature and only becomes criminal if it is alleged that you have violated it and have been charged with that crime.