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Written By: Matthew W. Peterson
Published: 01/24/2025
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If you’re seeking to file a restraining order in Massachusetts, understanding the required proof and process is crucial. The state recognizes two distinct types of restraining orders, each with specific requirements depending on your relationship with the person you’re filing against. Here’s how the Law Office of Matthew W. Peterson will help you.
This order applies when you have a family or household relationship with the person you’re filing against. You must provide proof of abuse directed at you. In Massachusetts, abuse has a broad definition that includes:
This order is appropriate when there is no family or household relationship. To obtain this order, you must prove three separate incidents of harassment specifically targeted at you, the plaintiff, rather than another person.
While documentary evidence strengthens your case, it’s not always mandatory. A restraining order in Massachusetts can be granted based solely on your testimony if the judge finds it credible. However, gathering the following types of evidence can significantly support your case:
Importantly, formal rules of evidence don’t apply in restraining order hearings. This means hearsay and other evidence that might not be admissible in a regular trial can be presented to support your case. It’s crucial to document specific incidents, including dates and details of abusive behavior, to strengthen your case. Additionally, if there are any witnesses or recordings of threats, these can significantly bolster your application for a restraining order.
If you are considering filing a restraining order, various resources are available to assist you.
Additionally, local shelters and hotlines can offer immediate assistance and safety planning. Remember, you do not have to face this situation alone; reaching out for help can be a crucial step toward ensuring your safety and well-being.
The legal process for obtaining a restraining order can be complex and emotionally challenging. To protect your safety and ensure the best possible outcome, consider working with an experienced Boston restraining order attorney who can:
Your safety is paramount. If you’re considering filing a restraining order in Massachusetts, seeking professional legal guidance can help ensure your rights are protected throughout the process.
The Law Office of Matthew Peterson assists clients throughout Restraining Order in Massachusetts cases. Contact us today for a consultation.
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