A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Massachusetts Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
To obtain a restraining order in Massachusetts, you must prove that there has been a prior incident of violence. Prior incidents include assault, harassment, stalking, terroristic threats, and other forms of harassment.
It is extremely difficult to challenge a restraining order, but it is possible. No matter what the circumstances are, you need to fight a false restraining order issued with the help of an experienced attorney at the Bellotti Law Group, P.C.
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.
The plaintiff has the burden of proof. That means they must convince a judge by a preponderance of the evidence that they are in fear of abuse. Both sides may offer testimony and evidence. Either side may call witnesses and cross-examine one another.
Without removing the restraining order, if the reconciliation fails, the victim again suffers abuse, or the police become aware of the contact between the parties, then the party named in the restraining order faces arrest and charges for violation of a restraining order.
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.