Restraining Orders and Abuse Protection Law
It happened. The police call or show up at your door and your served with a restraining order. What is it? What do you do?
In most cases, time is of the essence to build a solid defense to protect your rights, before an extended order is put in place. There is limited time to prepare:
If an after-hour emergency order was issued, then the time to defend can be as little as 24 hours.
If an order was issued during regular court hours, then there will be approximately 10 days to your hearing.
Either way, don't delay, and obtain answers to your questions call Attorney Ciaffoni at 508-291-3033
A little about Restraining Orders in Massachusetts:
The Massachusetts Abuse Prevention Act defines abuse of a person by a family member as a civil matter when it is issued but a criminal matter if it is violated.
Because of the political climate and Me Too movement, often courts seem to err on the side of caution, and tend to be lenient in granting such requests.
While the legal standard of "serious risk of eminent harm" is required; unfortunately, in realty it seems that a lesser standard is often utilized in many cases.
Hearsay of third parties is usually considered; evidence of texts and emails can be conveniently presented in a way that does not convey the true meaning; and physical evidence is often introduced with little scrutiny.
For all of those concerns, talking to an attorney who is schooled in the defense of restraining orders, and proper preparation can make all the difference.
Know your rights and prepare for the hearing!
A strong defense is necessary
Gather pictures and physical evidence
Arrange witnesses, documents, records, etc
Serve any necessary subpoena to have witnesses appear
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Get a FREE consultation to discuss your options and know your rights.