Understanding Restraining Orders in Massachusetts
Restraining orders, also known as protective orders, are legal tools designed to protect individuals from harassment, abuse, or threats. In Massachusetts, these orders can be crucial in safeguarding your well-being and establishing legal boundaries in situations of domestic violence, stalking, or other forms of harmful behavior. If you’re facing threats or violence and are considering a restraining order, understanding how they work can help you navigate the legal system more effectively.
A restraining order is a court-issued mandate that prohibits an individual from contacting or approaching another person. In Massachusetts, there are several types of restraining orders, each designed for specific situations:
1. Harassment Prevention Order: For cases involving harassment or threats, but not necessarily domestic violence. This order can address repeated harassment or threats that cause significant distress.
2. Abuse Prevention Order: Specifically for cases of domestic violence. This order protects individuals from physical abuse, threats, or intimidation by a current or former intimate partner, or a household member.
Types of Restraining Orders
1. Emergency Restraining Orders: Also known as “temporary orders,” these can be issued quickly, often within the same day, if there is an immediate danger. They are usually in effect until a full court hearing can be held.
2. Permanent Restraining Order*: Issued after a court hearing, these orders can be in place for a longer duration, potentially for several years, depending on the specifics of the case.
How to Obtain a Restraining Order
1. Filing a Petition: The process begins by filing a petition with the court. This petition outlines the reasons you need protection and provides details about the threats or abuse you have experienced. You can file at any Massachusetts District Court or, in emergency situations, at a Family and Probate Court.
2. Immediate Hearing: If you are in urgent need of protection, you can request an emergency restraining order. This may involve a brief hearing where you present your case to a judge, who can issue a temporary order on the spot.
3. Full Hearing: A full court hearing is scheduled to allow both parties to present their evidence. The person seeking the restraining order will explain their case, and the respondent (the person the order is against) will have a chance to respond.
4. Issuance and Enforcement: If the court finds sufficient grounds, it will issue the restraining order. Once issued, the order is legally binding and must be enforced by local law enforcement.
What a Restraining Order Can Do
A restraining order can impose several restrictions on the respondent:
– No Contact: Prohibits any form of contact, including phone calls, text messages, emails, or physical presence near the protected person.
– Stay Away: Requires the respondent to stay a certain distance away from the protected person’s home, workplace, or other specified locations.
– Surrender of Firearms: In cases involving threats of violence, the court may order the respondent to surrender any firearms or other weapons.
– Temporary Custody: In some cases, the court may issue temporary custody orders for children involved in domestic violence situations.
What Happens if the Restraining Order Is Violated?
If the respondent violates the restraining order, it is a serious offense. Violations can result in:
– Arrest: Law enforcement can arrest the respondent immediately for violating the order.
– Criminal Charges: Violations can lead to criminal charges, which may include fines, probation, or imprisonment.
– Contempt of Court: The respondent may be held in contempt of court, which can carry additional legal penalties.
How to Modify or Extend a Restraining Order
If circumstances change and you need to modify or extend a restraining order, you can file a motion with the court. Provide evidence to justify why the changes are necessary, and the court will consider your request.
Seeking Help and Support
Navigating the restraining order process can be overwhelming, especially if you are already dealing with the stress of harassment or abuse. Seeking help from Johnson, Sclafani & Moriarty, Attorneys at Law, can provide guidance and support. Contact our offices now for a free, initial consultation. 413-732-8356
