Massachusetts Could Allow Restraining Orders to be Violated Without Punishment

For many spouses in Massachusetts, restraining orders represent an important lifeline. If it was not for restraining orders, spouses in abusive relationships may not have the courage or the ability to leave their marriages and pursue safety. Today, it seems as if Massachusetts is dialing back the effectiveness of these important court orders. At the very least, they are considering it. The high court in the Bay State is hearing arguments over whether or not low-income citizens should face punishments for restraining order violations if they could not get an attorney when the court order was issued.

If you are experiencing domestic violence, threats, harassment, or any other act that makes you feel unsafe, you are fully within your rights to pursue a protective order. Team up with a qualified family law attorney in Massachusetts to navigate this process. With help from a legal professional, you can get to safety, protect your children, and plan how best to move on from an abusive and violent spouse. If necessary, your attorney can then guide you toward divorce.

Massachusetts Hears Arguments About Restraining Orders
On October 6th of 2021, it was reported that the Massachusetts high court was debating a new issue regarding protective orders. Some came forward with the argument that it was unfair to punish low-income individuals for violating protective orders if they could not obtain an attorney when the court order was issued. The problem is relatively clear, and in some cases, it is quite understandable. Many of these low-income individuals cannot afford lawyers when faced with a protective order. The core of the argument revolves around the idea that the US Constitution should require free lawyers in this situation.

While the Massachusetts Supreme Court is at least hearing the arguments, the actual logistics behind providing free lawyers to these individuals is an issue. The sheer cost of providing free lawyers to these people would be astronomical, as tens of thousands of people are issued protective orders each year in the Bay State.

It is Easy to Violate Something You Don’t Understand
Some argue that you cannot have it both ways. Either you give low-income individuals an attorney, or you cannot punish them for violating a protective order. The issue is that they might end up violating a court order that they do not fully understand. A lawyer could explain to them the terms of the court order and how to avoid being held in contempt. 58% of defendants in such cases have not graduated from high school, 62% make less than $10,000 per year, and 86% struggle with substance abuse.

Enlist the help of a Qualified Attorney Today
If you have been searching the Massachusetts area for a qualified, experienced family law attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have helped countless spouses with their divorces, and we can also help you obtain a protective order. We are committed to your safety and security, and we can make sure that you are dealing with this difficult situation in the most effective way possible. Although it is true that Massachusetts is considering whether or not to punish some people who violate protective orders, they are still very effective in ensuring your safety. Book your consultation today. Call us at 413-732-8356