Abuse Prevention Restraining Orders: Obtaining and Defending

All states have a form of domestic violence abuse prevention restraining order. Generally, they can:

1)  prohibit the abuser from contacting, attacking, telephoning or having a 3rd party contact the victim;
2)  order the abuser to vacate a shared residence;
3)  order the abuser to stay a specified distance away from the victim’s workplace and residence;
4)  order the victim to have custody of any minor children subject to subsequent proceedings in a court of appropriate jurisdiction; and
5)  order the abuser to surrender all firearms to the police.

While most states will issue an ex parte order, one where the defendant is not present in court, the order usually expires from 10 to 14 days later. Prior to extending the order, the defendant must have the opportunity to appear before the court to oppose the restraining order.

In Massachusetts, to obtain a domestic relations restraining order, the victim must show, by affidavit and testimony, that the abuser:

1)  has caused, is causing or is attempting to cause physical harm to the plaintiff; or
2)  is placing the plaintiff in fear if imminent physical harm; or
3)  is causing the plaintiff to engage involuntarily in sexual relations by force, threat or duress.

If you are the defendant in a restraining order matter, DO NOT contact the other party by any medium including having a friend make a call. DO go to the court which issued the restraining order and get a copy of the affidavit the plaintiff filed with the complaint

Having a copy of the affidavit is absolutely critical in defending a restraining order. It tells us exactly what you are accused of having done wrong.

If you are concerned that you may be abused, it may help to know that abuse prevention orders are available at all times of the day or night. During the day, a court can issue the order. After the courthouse doors close, judges are on call and can issue the order. All you need to do is call the police.

PLEASE NOTE - THESE ARE GENERAL PRINCIPLES. YOU SHOULD SPEAK WITH AN ATTORNEY TO HAVE A BETTER IDEA OF HOW THESE AND OTHER PRINCIPLES APPLY IN YOUR CIRCUMSTANCES.

The Law Offices of Hans R. Hailey are located in Boston and Westwood, Massachusetts. Divorce and family law attorneys from the Law Offices of Hans R. Hailey frequently represent clients with family law matters in Boston and throughout Massachusetts.