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Restraining Order

Served with a Restraining Order?

What do I do when I am served with a Restraining Order?

The police knock on your door and hand you a document stating that an Abuse and Prevention Order (also known as a Restraining Order) has been issued against you. You are required to follow the terms of the order and a failure to do so could result in criminal charges.

The Restraining Order may require that you not only stay away from a family member or intimate partner, but may also prevent you from being allowed to make any contact whatsoever with the individual who requested the Restraining Order. How did this happen? In order to obtain a Restraining Order, the alleged victim completed an application and an affidavit alleging that that he/she is in fear of imminent physical danger from you. A case was presented to the Judge, and the Judge agreed, issuing the temporary Restraining Order. On the document you are served, there is a hearing date and it is important that you attend that hearing. This is your opportunity to present your side to Judge. Depending on the accusations, you may need to bring witnesses and evidence to support your case. A Restraining Order can have an impact on more than just your ability to be near a certain person. It can effect custody of your children, where you can live, your ability to have firearms, your residency, your employment, as well as your reputation.

An attorney can help you decipher the orders and possibly determine the next steps you need to take. These steps can include fighting the Restraining Order or seeking to change or modify the terms of the Restraining Order. If you have been served with a restraining […]

Should I Get A Restraining Order

Should I get a Restraining Order?
Restraining Orders are often referred to as “Abuse Prevention Orders” in the Courts and are effective tools that can be used to provide a level of protection to someone who is in fear of imminent danger of physical harm from a family member or intimate partner. When a Restraining Order is issued against someone, that person must abide by the rules set forth in the Order or possibly suffer criminal consequences to their actions. In order to obtain a Abuse Prevention Order, you must go to either your local Probate and Family Court or District Court and complete an application and an affidavit and attend at least one hearing. If you are in an abusive relationship, the Restraining Order is an important tool in obtaining your safety. There are certain circumstances where you may be able to obtain an Restraining Order on behalf of a third party such as your children.

Restraining Orders can prohibit a Defendant from being within a certain number of feet from a victim, prohibit access to places like schools or employment, prohibit any contact via third parties, and, at times, even prohibit contact with the parties’ children. It is important to consider all the issues as well as the pros and cons prior to seeking a Restraining Order.

If you or someone you know is in need of legal assistance call us today at (508) 880-6677 for a consultation with an experienced Restraining Order attorney.

Our law firm is centrally located in Raynham and Plymouth MA and serves all of Eastern Massachusetts.

By Janna K. Saad, Esq

Cohen Cleary, P.C.

Cohen Cleary, P.C.