Massachusetts Order Granting Protective Order
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How to fill out Order Granting Protective Order?
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FAQ
In Massachusetts, while a restraining order is a civil order, it appears on your criminal record permanently.
The court can issue an ex parte order that can last for up to 10 business days. The court will schedule a hearing within 10 business days and then notify the defendant about the ex parte order. The defendant has a right to participate in that hearing to argue that all or part of the order shouldn't be continued.
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.
A major consequence is that the restraining order is likely to require you, the Defendant, to leave your home, if you live with the person who receives the order. If you have children, a restraining order could prevent you from getting custody of or having visitation with your children.
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. Can't contact you in any way.
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.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application. ... Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ... If the other party is harassing you or forcing you, provide the court with the records. ... Be prepared for a full hearing.
