Woburn Domestic Violence Attorneys Recovering Damages Clients and Their Families

In Massachusetts, two laws help people seeking protection from domestic violence, physical abuse or emotional abuse suffered from someone not in a domestic relationship. The laws are similar, the processes are nearly identical, and the consequences are the same. We at Contant Law start with helping our clients understand the laws, then navigate the process so you and your rights are protected.

Who Does a Domestic Restraining Order Protect?

Domestic Restraining Orders in Massachusetts offer protection to individuals suffering from domestic abuse between people:

who are or were married to each other,
who are or were living together,
who are or were related by blood or marriage,
who have a child together, or
who are in a “substantive dating relationship.”

What is the Process for Obtaining a Restraining Order?

Emergency Orders

If you’re in fear of harm or violence against yourself, speak with a judge immediately without giving any type of notice to the defendant. The judge determines whether to issue a temporary emergency order or not. You can go to the police station local to where the abuse occurred or your residence. In either case, judges are on call to assist.

The Paperwork

You fill out paperwork, called a complaint, which provides basic information about yourself and the person against whom you seek the order. Next, you file an affidavit which details sufficient facts for the court to determine the nature of your relationship (i.e., married, living together, boyfriend, blood relative, etc.) and whether you are suffering from abuse at the hands of the defendant.

Where to File

If it is during court hours (Monday through Friday, 8:30 am – 4:30 pm, excluding holidays), file the papers to be heard by a judge in the court having jurisdiction over the location where the abuse occurred or your residence. This is usually the local District Court, but you can file in Superior Court or Probate and Family Court as well. Outside of court hours, you can go to the police station local to where the abuse occurred or your residence. In either case, judges are on call to assist. Further hearings take place in the appropriate court.

Further Hearing

If the judge issues the Restraining Order, police serve the order upon the defendant as soon as possible. The court hearing date is scheduled for not more than 10 court business days after the issuance of the temporary order, at which time the defendant can have their full hearing to challenge whether the restraining order should continue. If you do not appear at this hearing, your temporary restraining order will be terminated. If the defendant does not appear at this hearing, your temporary order likely will continue for up to one year.

The court won’t provide you with a lawyer so you should bring your own lawyer. The defendant can also bring a lawyer. You have the right to have witnesses testify on your behalf and submit other evidence (e.g., emails, texts, voicemails, photos, medical records, etc.), as does the defendant. The other party or their lawyer may cross examine or question your witnesses. The judge overseeing the hearing has wide discretion to limit cross examination and what evidence they deem admissible.

At the conclusion of the hearing, if the judge finds that the plaintiff is “suffering from abuse,” the judge can extend the order as it was issued for up to one year. The judge also may modify the terms of the order to either add or delete certain provisions of the order. If the judge finds that you have not demonstrated you are suffering from abuse, your restraining order will be terminated.

What is a Harassment Prevention Order?

Harassment Prevention Orders fill a gap to protect people who are not in a “domestic” relationship in situations involving:

feuding neighbors,
those being bullied at school and/or work, and
victims of sexual assault who have not previously dated their attacker.

Can a Criminal Defense Attorney Help Me Fight Against a Restraining or Harassment Prevention Order Placed Against Me?

Contant Law helps individuals seeking to get a court-issued protection order and, as criminal defense attorneys, we also represent clients who have been served a Domestic Restraining Order or a Harassment Prevention order and been notified they need to appear in a scheduled Further Hearing.

Can a Domestic Violence Attorney Help Me

No matter which side of the aisle you are on, we can help you. Get Contant in your court.

NEXT STEPS

HERE TO HELP YOU THROUGHOUT THE PROCESS

Criminal Defense Process

Domestic Restraining Orders

Harassment Prevention Orders

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