How to fight a restraining order in MA?

Written By: Matthew W. Peterson

Published: 02/14/2025

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Fighting Restraining Orders in Massachusetts: Protecting Your Rights

How to fight a restraining order in MA? When faced with a restraining order in Massachusetts, the stakes are incredibly high. These orders can dramatically impact your life, affecting everything from your relationship with your children to your Second Amendment rights. At the Law Office of Matthew Peterson, we understand what’s at risk and stand ready to defend your rights aggressively.

The Real Impact of a Restraining Order

A restraining order isn’t just a piece of paper – it can have far-reaching consequences:

Limited or lost time with your children
Significant financial implications
Appearance on background checks
Compromise of family court cases
Restriction of firearms rights

Understanding Massachusetts Restraining Orders

Massachusetts law recognizes two distinct types of restraining orders:

209A Orders (Family/Household Members)

These orders specifically apply to family or household members. To obtain a 209A order, the court must find that the plaintiff is likely to suffer from abuse. These cases often involve complex family dynamics and require careful handling to protect both your rights and your relationships.

258E Orders (Harassment Prevention)

Also known as harassment prevention orders, these apply to non-family members. The standard for obtaining this type of order typically requires proof of three separate incidents of harassment directed at the person seeking protection.

The Legal Process

When someone seeks a restraining order, they first appear before a judge in what’s called an “ex parte” hearing. This initial hearing can result in an emergency order being issued even before you’re notified. Once issued, a two-party hearing is scheduled within 10 days, often leaving defendants with just days to prepare their defense.

What to Expect at the Hearing

The full hearing provides both parties with crucial legal rights:

The opportunity to testify
The right to cross-examine the opposing party
The ability to present evidence
The chance to tell your side of the story to the judge

Time is Critical

If you’ve been served with a restraining order, immediate action is essential. Building a strong defense requires:

Gathering relevant evidence quickly
Understanding the specific allegations
Developing an effective legal strategy
Preparing for cross-examination
Organizing witness testimony if applicable

Our Track Record of Success

At the Law Office of Matthew Peterson, we’ve successfully defended clients against restraining orders in even the most challenging circumstances:

Cases with orders repeatedly renewed for years
Complex family situations
Cases involving multiple allegations
Successfully vacated wrongfully issued orders

Long-Term Implications

Most restraining orders are initially issued for one year, with annual renewal hearings. Each renewal hearing presents another opportunity to contest the order, but success requires experienced legal representation.

Take Action Now and Learn How to Fight a Restraining Order in MA

Don’t face a restraining order alone. The consequences are too serious, and the legal process too complex to navigate without experienced counsel. Contact the Law Office of Matthew Peterson today to put a skilled legal advocate on your side who will fight to protect your rights and future.

Call us today for a consultation about your restraining order defense. Time is of the essence, and we’re ready to help.

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