Massachusetts Motion for Temporary Restraining Order to Restrain and Enjoin Harassment of Employee

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Multi-State
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US-03274BG
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Description

A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. A restraining order may be issued in a divorce matter to prevent taking a child out of the county or to prohibit one of the parties from selling marital property. Also, a person who is a victim of harassment may seek a restraining order from the court. The restraining order can prohibit the harassment.

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How to fill out Motion For Temporary Restraining Order To Restrain And Enjoin Harassment Of Employee?

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FAQ

- 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.

In Massachusetts, a criminal harassment charge may arise from a variety of circumstances. Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them. Not all petty annoyances constitute harassment.

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.

If you want to appeal If you aren't given an order or not given everything you request, you can appeal. You have 30 days to appeal after the judge makes their decision.

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?

Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; and shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the ...

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Massachusetts Motion for Temporary Restraining Order to Restrain and Enjoin Harassment of Employee