Do I Need a Lawyer for a Restraining Order in Massachusetts?

Written By: Matthew W. Peterson

Published: 12/10/2019

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If you’re looking to file a restraining order or defend against a restraining order, you need a lawyer for a restraining order in Massachusetts to represent you. A restraining order lawyer can protect your rights.

What is a Restraining Order?

A restraining order is a court order prohibiting one person from contacting another person, abusing them, and coming near them, along with many other possible conditions. These orders are sometimes known as a 209A order (after the section of law) or an abuse prevention order.

Types of Restraining Orders

209A orders only apply to family members, while a harassment prevention order protects people regardless of relationship. A restraining order lawyer can help you with either situation.

Importance of Legal Representation

If you have been served with an abuse prevention order or a restraining order, it’s critical to contact a restraining order defense attorney to help defend you. A restraining order can have critical consequences, such as loss of your gun rights, eviction from your home, and restriction of your movement.

Issuance of Restraining Orders

Restraining orders can be issued for a shorter period of time ex parte, meaning without the other party being heard. A one-year restraining order or permanent restraining order is generally only issued after a two-party hearing. A Boston domestic violence defense attorney can help you defend against these restraining orders and help you present your defense.

Why Do I Need a Lawyer for a Restraining Order?

A restraining order hearing can be a critical part of your defense for a domestic violence charge as well. It provides a crucial chance to cross-examine your accuser and determine their credibility. The record of this cross-examination can serve as an important part of your later defense.

Role of an Attorney

An attorney can help you defend against the restraining order, present documents on your behalf, and investigate the case. While I can’t guarantee that I will win, I guarantee that I will fight as hard I can.

Consequences of Violating a Restraining Order

Violation of a restraining order is a misdemeanor that can be punished with jail time up to two and a half years. If you’re accused of violating a restraining order, you could be summoned for a clerk magistrate hearing or you could be immediately arrested.

Filing for a Restraining Order

A lawyer can also help file a restraining order. While you can file the paperwork yourself in district court, a restraining order attorney can help present the evidence.

Your Boston Restraining Order Attorney

If you have been served with a domestic violence 209A restraining order you need a lawyer to represent you. Call the Law Office of Matthew Peterson today at (617) 295-7500. It’s critical that we get started on your defense right away.

Frequently Asked Questions (FAQs)

1. What is the difference between a 209A order and a harassment prevention order?

A 209A order, also known as an abuse prevention order, specifically applies to family members or intimate partners. In contrast, a harassment prevention order can protect individuals regardless of their relationship with the accused.

2. How long does a restraining order last?

The duration of a restraining order can vary. Ex parte orders may be temporary and last only until a hearing occurs, while one-year or permanent restraining orders are typically issued after a two-party hearing and can last longer, depending on the circumstances of the case.

3. What should I do if I am accused of violating a restraining order?

If you are accused of violating a restraining order, it is crucial to seek legal representation immediately. You may be summoned for a clerk magistrate hearing or face immediate arrest, so having an attorney can help you navigate the legal process and protect your rights.

4. Can I file for a restraining order without a lawyer?

Yes, you can file for a restraining order on your own in district court. However, having a restraining order attorney can significantly improve your chances of success by ensuring that your evidence is presented effectively and that all legal procedures are followed correctly.

5. What steps should I take if I want to defend against a restraining order?

If you wish to defend against a restraining order, the first step is to consult with an experienced attorney who specializes in this area. They can help you understand the legal process, gather evidence, prepare your defense, and represent you during the hearing to challenge the allegations made against you.