Motorcycle Vehicle Crimes in Massachusetts.

Just because you are involved in a traffic offense with a motorcycle does not minimize the exposure.  In the Commonwealth of Massachusetts, a motor vehicle crime of any kind may be charged as a misdemeanor AND a felony.  That’s right…both!  Now we are talking not only about the suspension of your license, but potential jail time as well.

Once there is a court conviction it is too late to turn back the clock.  The Registry of Motor Vehicles or (RMV) will automatically suspend your driver’s license.  Now you are faced with taking public transportation which may cost you your job and certainly disrupt your family.  The process moves quickly when you are involved in a motorcycle related accident.

Whichever side of the incident you may be on it is imperative to contact an attorney immediately.  Massachusetts motorcycle crime attorney Paul R. Moraski is standing by to hear the particulars of your case.  Whatever else you may think, do not consider this just a misdemeanor until you have talked to Attorney Moraski.  Call him immediately at (978) 744-1200.

Winning a Criminal Defense Case.

Criminal defense is like no other branch of the law.  Losing IS NOT an option.  You must go into a case knowing that you will find a way to win.  Many attorneys tackle criminal defense very differently.  They do not approach each case aggressively.  Some attorneys may even be afraid to take your case for fear of losing.  If there is ANY hesitation run away and find someone else!

In Massachusetts you need to find a lawyer who loves taking criminal cases.  You don’t want some part-timer in criminal defense, but rather someone who makes his living solely in that area of practice.  When you are facing a life-altering criminal charge that includes potential jail time, you need an experienced attorney who will fight for you every step of the way, especially when it goes to trial.

In the Commonwealth of Massachusetts attorney Paul R. Moraski will aggressively tackle your case to WIN!  To gather more detailed information on how to begin the process of winning your criminal case in the Commonwealth, visit Attorney Moraski’s website at www.northofbostonlaw.com and call him for a free phone consultation at (978) 744-1200.

Avoid Stress this Holiday Season.

This time of year we are brought together with people in places we are not used to.  Our behavior or that of those around us can change just because it is December.  Don’t be a part of the problem.  If you plan on being a part of holiday revelry either find a designated driver or be that person.  It’s such an old song isn’t it, but why subject yourself to years of inconvenience because of a holiday mistake?

And I know this may sound crazy right now, but don’t be a participant in road rage.  You may get caught in holiday traffic.  Turn up the radio and sing your favorite song.  Take a long, slow, deep breath, focus on nature around you.  Eat a snack if you are at a complete stop.  And always stay in your vehicle.

If you or a friend messes up this time of year help is a phone call away.  Massachusetts Criminal Defense Attorney Paul R. Moraski can be reached anytime by calling (978) 397-0011.  Don’t worry, no problem or situation is too insignificant for Attorney Moraski to address.  To see all of the areas of criminal law that he practices visit his website at www.northofbostonlaw.com.

Defending the College Student

Now that everyone is back on campus for the 2015-16 school year it is time to address what happens when your college student runs afoul with the law.  This can become rather complicated because the student is now of legal age, but may be accused of mischief befitting that of someone younger.

In representing a college student, the defense is usually two-fold.  The actual criminal case will unfold in a court of law.  Meanwhile if the criminal charge was deemed to have taken place on a college campus there could be disciplinary action taken by the school. 

In the Commonwealth, Attorney Paul Moraski knows that it is delicate balance to protect the student’s Constitutional Rights in the Court proceedings and at the same time make a satisfactory response to the college’s disciplinary board.  Attorney Moraski will not only give you his full attention, but he is young enough to appreciate the impact that it has on the student’s entire future.  Contact Massachusetts attorney Paul Moraski today at (978) 744-1200.

Check and Credit Card Fraud.

In this day and age credit card fraud has become particularly rampant.  So many websites take your card and process it.  Then there are the gas stations and stores by the millions transacting credit cards every day.  The information on that card may become very tempting to steal.  If you are accused of check or credit card fraud you need to immediately hire a hard-working experienced attorney to conduct a thorough investigation on your behalf.

Does your situation fall into any of the following examples:

•           Larceny by Check

•           Larceny by False Pretenses

•           Forgery

•           Uttering

•           Identity Theft

•           Credit Card Fraud

All of the above charges and then some occur more and more frequently in this information age.  Your first line of defense is to pick up the phone today and call Attorney Paul R. Moraski, serving the entire commonwealth of Massachusetts defending your freedom.  Call him immediately at (978) 397-0011 or visit his website for more information at www.northofbostonlaw.com. 

Avoid Outstanding Warrants.

Ignoring a warrant for even a minor infraction such as a traffic violation may be dangerous to your future freedom.  What invariably happens is that you get pulled over for speeding or a tail light that is out and now you are in big trouble!  When the cop runs your name and license through the data base you may be in handcuffs and on your way to jail.

Suddenly that old ignored minor infraction has turned into a life-changing experience.  Your first order of business is to remain silent.  Call Attorney Paul Moraski, serving the entire Commonwealth of Massachusetts in all types of criminal matters.

Better yet, call Attorney Moraski BEFORE “D” Day and avoid this matter altogether.  He will advise you of what to do next to avoid the psychological burden of always “living on the lamb”.  It is important to get the proper legal advice from someone who knows the ins and outs of the system.  Attorney Paul Moraski may be reached by calling (978) 397-0011 or visiting him on the web at www.northofbostonlaw.com.

Armed Robbery

With summer often comes a spike in armed robbery as more people are traveling around the greater Boston area.  This is a very serious crime.  In Massachusetts armed robbery carries a maximum sentence of life in prison.  Did you know that you can be charged with this offense without actually having a weapon on your person?  The mere mention of a possible weapon may bring with it a maximum charge.

If someone invades a home in the Commonwealth it is known as armed burglary or armed home invasion.  This crime also carries a maximum penalty of life in prison.  In Massachusetts there are constitutional safeguards that allow a skilled criminal attorney to suppress an improper identification of the assailant.  It is also important to know that there are very specific procedures that the police must follow to properly search and seize the weapon in question.

Obviously armed robbery is an extremely serious accusation.  You need an extremely skilled Massachusetts criminal defense attorney with years of experience in criminal court.  If you or someone you know has been accused of armed robbery contact attorney Paul R. Moraski immediately at (978) 397-0011.  In a case like this every second counts!

The Sentencing of Dzhokhar Tsarnaev

Around the world the public has been riveted by the trial and sentencing of the Boston Marathon Bomber.  It reminds us that Massachusetts is tough on crime and still recognizes capital punishment as a deterrent to violent crimes.  This tradition goes back to colonial times when Massachusetts was one of the first colonies to carry out the death penalty.  In 1900, the state installed an electric chair to be used in death penalty cases. Electrocution was the most common form of execution in the Commonwealth until capital punishment was abolished in 1984.

The Commonwealth now votes decidedly against the death penalty.  However when it comes to punishing people who have been convicted of crimes the state remains rigid.  The state’s population in prison or jail has tripled since the early 1980s and state spending on corrections policies will top $2 billion over the next decade, up from more than $1 billion currently, without major changes in public policy.

It is imperative that no matter what nature of crime you or a loved one may be accused of that you seek out the best representation possible.  This is not only true in the trial stage, but in the sentencing stage, if heaven forbid it should ever come to that.  For aggressive representation of criminal law, contact attorney Paul Moraski at (978) 397-0011.  Your future is at stake here…make the right call now!

Every Criminal Defense Trial in the Commonwealth of Massachusetts Effects Someone!

Obviously not every Massachusetts criminal trial is as high profile as the one involving Dzhokhar Tsarnaev the accused Boston Marathon bombing suspect.  However each and every criminal trial in the Commonwealth has one thing in common.  That the accused is innocent until proven guilty.

Are you or someone you care about been accused of white collar crime, a juvenile crime, armed robbery, or worse?  Whom you hire to represent you will have long-term consequences on that person’s future.  They could be facing years of incarceration and a loss of future dignity and income.

Think carefully when dealing with decisions of such gravity.  Look for someone who will fight for you and/or your loved one that has only your best interest at heart.  You need someone who knows the criminal court system inside and out and can achieve the best possible outcome for the defendant.

That person may well be Paul R. Moraski.  He has never worked for the prosecutor’s office!  He believes it is better to have years of experience establishing defenses for people accused of crimes.  If it ever becomes a life-changing priority to hire a criminal attorney, contact the law office of Paul R. Moraski from www.northofbostonlaw.com at (978) 397-0011.

The Commonwealth Of Massachusetts Has Strict Penalties When It Comes To DUI/DWI/OUI

Many people think they will never have to face the judicial system as a defendant. They say, "I'm not a criminal, I'll never do jail time." Never say never.

Maybe you were out celebrating St.Patricks Day and you have a green beer with your friends. Your friends decide to keep the night going but you've got to be at work in the morning and you cut it off after you finish your pint. You drink a water, have a bite to eat, then head home and hop in bed.

Now, rewind back to the part where you cut yourself off after that one beer. Now, say you weigh 130 pounds and you only ate a salad. You get pulled over by the police and are instructed to perform a breathalyzer. You exceed the legal limit by a hair. A one size fits all legal limit. The third act changes dramatically now. You are no longer resting comfortably in your bed you are taking a mug shot and being booked for either DUI or OUI.

Feel like a criminal now? You're not. You're a person who was caught in an unfortunate circumstance and now you are facing criminal charges. The first thing you are going to want to do is obtain legal representation.

Many circumstances surround each individual case and that is where we come in and evaluate your case. Everything from the conduct of the arresting officer to the choices you were given at the scene will be examined with a fine tooth comb. In many instances, police, who are human, may have made an error in procedure deeming your case inadmissible. Perhaps your rights were violated during the arrest and/or booking process. These any many more injustices can and will be uncovered when we take your case.

The Commonwealth of Massachusetts has strict penalties when it comes to DUI/DWI/OUI. Don't find yourself at the mercy of the legal system alone. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a crime.

Paul R. Moraski, Esq.

The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

How Not To Let A Criminal Record Ruin You In Massachusetts

There is a difference between responding and reacting. What's the difference? A response is a pause given, a thought processed with the pros and cons having been made, and then a decision is acted upon. A reaction quite simply is an impulse acted upon. And when an impulse is acted upon, it can lead to landing you in jail.

Think of the legal system as a barometer that measures reaction versus response. If it is determined that you injured another person while defending yourself, the court might regard that as a reasonable response. However, if you punch a guy in the face because he told you your team was no good, then the court will see that as lack of impulse control. And with that will come a misdemeanor to a felony charge.

Now, there is a gray area between response and reaction that may be hard to articulate. Maybe said guy who hates your team dumped a beer on your head after he told you they're no good. Now your brain is processing the information and probably saying, "punch him!"
So you do. The police come and arrest you for fighting. You're already facing charges. And again, depending on the damage done to the guy who hates your team, misdemeanor to felony. Worst case scenario, the guy dies from injuries and you could wind up facing second degree murder charges.

Best case scenario, the jury sides with you and believes you were provoked enough to merit such an action and all charges are dropped. Likely scenario, they agree you were provoked, the guy has a broken jaw and you're facing misdemeanor assault. You're hardly out of the woods. A misdemeanor charge on your record can be a detriment when trying to obtain housing, employment and citizenship. It can lead to deportation if you aren't a natural citizen.

So, what do you do? Well, if you've already punched the guy in the face and are facing charges, it's not too late. Our office can handle all scenarios outlined in the prior paragraphs. Don't let a reaction ruin your life.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a crime.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

What Are The Elements Of Appealing A Conviction In Massachusetts?

Do you know what to do if you have been arrested for an OUI in Massachusetts? Once you have been pulled over, and if you submitted to and failed the breathalyzer test, the next place you'll find yourself is in police custody. In the instance that you refused the breathalyzer test, you will still be arrested and only have 15 days from the date of the arrest to file an appeal. It's imperative that an appeal is filed, otherwise your license is suspended automatically.

Regardless of which actions were taken, next steps are important. Contact an attorney immediately, otherwise you risk losing driving privileges for an extended period of time, serving jail time, paying increased fines, and having this mark your driving record.

If you have been arrested for OUI in Massachusetts, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Don’t Expect Prosecuting Attorneys To Treat You Any More Than Just A Number

This blog is committed to keeping you abreast of the ever changing laws and legal system. As we've stated in previous blogs, never go it alone. When they say justice is blind, they really mean it. She has a blindfold on and literally cannot see how innocent you are. That's where we come in.

When facing criminal charges, it is the prosecution's goal to see to it that you are punished to the fullest extent of the law. Why? Because they don't measure their successes on humans whose live's have been unfairly destroyed, they focus on convictions and convictions only. Meanwhile, what they regard as case #XYZ, you regard as your Father or Uncle or Brother or Nephew, etc. They are due more justice than just a number. This disproportionate amount of convictions among young males of color is astronomical. One doesn't have to look any further than the evening news or the front page of any major paper to see this reality played out again and again.

Don't sit around hoping for the laws to change. Lawyer up. Defense attorneys are here to see that ALL of your rights are in tact and that you get a fair and speedy trial. If we weren't there, you would get a speedy trial alright, straight to conviction.

Sentence reform is long overdue. But as we stated, don't wait for change to come, come to us. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a crime.


Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

What Are The Elements Of Appealing A Conviction In Massachusetts?

When To Appeal

If you or someone you know has been convicted of a crime and sentenced, but you feel as though that person was wrongly convicted, or if a serious legal error has occurred, there are still options. Attorney Moraski knows and thoroughly understands the appeals process and will work with you to ensure that your appeal is handled with the utmost diligence and care. Many times, once convicted, people give up and feel that the system is too big an adversary. And they are right... If they go it alone. If you should win your appeal, think of the new lease on life you or someone you know could have.

What Is An Appeal?

An appeal is a request to a higher court to assess and modify the decision of the lower court. During an appeal, the defendant is able to challenge the sentence or the conviction itself.

What Happens If I Win My Appeal?

Typically, a successful appeal brings the case back to its initial stages. In some instances it can put an end to the case altogether.

The appellate process can be intimidating, but don't allow that to leave you feeling hopeless. Contact Attorney Moraski immediately if you have been wrongly convicted of a crime, or believe a grave legal error has been made. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a crime.


Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

What To Do When A College Student Commits A Crime In Massachusetts

When we send our kids off to college we can't help but worry about the possibility of them getting into trouble. It's a valid worry too.

Many times, good kids can get caught up in bad situations. For many students, it's their first time away from home and they are meeting a lot of different people from all walks of life. When facing independence for the first time, some might elect to participate in things they otherwise wouldn't.

Unfortunately, when a bad decision is made resulting in an arrest and charges, it is no longer "child's play." A college student who is facing criminal charges may be looking at severe punishment from two institutions. The State/City/County and the college itself.

Colleges all have strict guidelines and rules that, if broken, may result in permanent damage to a student's academic career that can forever haunt them. This can hinder one's ability to obtain housing, financing, gainful employment, etc. The same can be said for the criminal justice system as well.

If you or someone you know is enrolled in one of Massachusetts's many colleges and is facing criminal charges, call us today. Your future is nothing to gamble with. You need someone who understands collegiate litigation and the ins and outs of, not only the justice system, but also the policies of the college in question.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a crime.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

If You Are Falsely Accused Of A Crime In Massachusetts Don't Say A Word Until You Have Legal Representation

False accusations are nothing to shrug off. Many people naively yet understandably believe that if they are falsely accused of a crime that the truth will set them free. The unfortunate reality is that everyday in America someone is wrongfully accused, convicted, and incarcerated for a crime they did not commit. These people found themselves at the mercy of detectives, prosecutors, and 12 strangers who don't have any reservations about depriving someone of their freedom. The saying may be "innocent until proven guilty," yet it seems like often times it's the other way around.

In the case of homicide, police generally compile a short list of suspects and if your spouse is murdered you can guarantee yourself a spot on that list. If there is one thing cops don't like is murder. Murders are recorded and published which reflects the quality of the job of the police. With that being said it is in their best interest to solve murders and clear the case to keep their numbers down and make the department look like they are keeping the public safe, even if that means pinning it on the wrong person.

Take for instance the story of Michael Morton, whose documentary aired on CNN Sunday Dec. 8. Morton was wrongly convicted and spent nearly 25 years of his life behind bars for murdering his wife, Christine Morton. There was never any physical evidence or a witness that tied him to the crime. In 2011 he was released from prison after DNA evidence exonerated him from the crime. DNA evidence also revealed that Christine Morton's murderer had killed again, resulting in additional victims in Michael Morton's wrongful conviction.

Sadly, this story is not uncommon. If you find yourself in an interrogation room, police will use a variety of tactics to get you to admit to something you didn't do. Again, it's in their best interest to close a case, not to set you free.

What can you do if you are falsely accused? Don't say a word until you have legal representation. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation. Your freedom depends on it.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Social Media Successfully Used To Post Bail

Advancements in technology have rendered some creative and useful techniques when one is charged with a crime. Instead of a phone call, one might opt to use another lifeline of sorts... social media. Social media has transformed the way we receive and give information. A phone call is becoming the formal way of communication. It seems Facebook and Twitter is where the marketplace of ideas and information lie.

Currently, Attorney Paul Moraski is defending a client in which social media was successfully used to post bail. Such a technique is likely to gain popularity due to society's obsession with social media and our need to stay connected. Social Media keeps people up to date with information to the very second. It connects the world, instantly. If you find yourself in a situation and need immediate assistance, social media might be just as effective, if not more, than reaching out and calling someone.

In the past, social media has been known as a potentially damaging tool used against people in criminal cases, divorce and child custody proceedings, even in personal injury lawsuits. A highlight of social media is that it can reach a multitude of people with a single post. This case will certainly set a new precedent for how people use their "one phone call" while detained.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved one has been charged with a crime.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

The Jeffrey Deskovic Foundation for Justice

The justice system is said to have a blind eye. Unfortunately, that blindness can also lead to a false arrest, conviction, and imprisonment. Regrettably for Jeffrey Deskovic, of Peekskill, NY, that is exactly what happened.

Imagine the horror you would feel once the cuffs were placed around your wrists, you're read your rights and then tossed in the back of a squad car. In your mind you're thinking, "I didn't do anything, they have to let me go." The reality is you matched a description and until someone who matches it better comes along, you're their guy.

In the case of Jeffrey Deskovic, he was arrested and convicted on false charges of rape and murder due to a botched investigation. That was in 1989. For the next 16 years he would be incarcerated. An innocent man. It wasn't until 2006 when he was finally exonerated as a result of DNA testing.

The City of Peekskill ultimately awarded Deskovic more than 5 million dollars for his troubles. However, that award did not come with an apology. That could have been an opportunity for all personnel involved to own up to the mistake and set the record straight that injustice won't be tolerated. As it stands, the City foot the bill for the money awarded, but the police and prosecutors still remain mum on the huge faux pas. Deskovic has since used $1.5 million of his compensation funds to establish The Jeffrey Deskovic Foundation for Justice, a non-profit working to exonerate the innocent and raise public awareness about wrongful convictions.

If you are facing criminal charges and are thinking to yourself, "I'm innocent, I have nothing to worry about." --Think again. Prosecutors and police love closing cases. It keeps there numbers in the black and it shows citizens that crime isn't going unpunished. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved on has been charged with a crime.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

What To Do In Massachusetts If You Are Wrongly Accused Of Assault

Being accused of assault is a very serious allegation. There are degrees of assault which can easily be increased at the insistence of the prosecution. Often times, the mere suggestion of assault is grounds for arrest.

For example, in Northampton Prosecutors have dropped the remaining charges against two homeless people whom had been accused of wrapping a jump rope around a 9-year-old girl's neck and then tying the other end to a tree. For more than a year the two people were facing very serious charges (attempted murder, kidnapping of a child, assault and battery with a dangerous weapon, and two counts of assault and battery) and were placed on house arrest based on a little girl's version of the truth.

A year ago all but two counts of assault and battery were dropped. The Prosecution still planned on going through with the prosecution until this past Thursday. Ultimately, the prosecution was forced to drop all sought charges when it was revealed there was no DNA evidence linking the pair with the incident.

There are a lot of people out there who fabricate stories for one reason or another. Their testimony could decide you or your loved one's fate. Whether you are wrongly accused of or have been involved in an assault, know that the prosecution will do anything and everything to see to it you are punished by the fullest extent of the law. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved on has been charged with assault.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Do I Need A Lawyer If A Restraining Order Is Taken Out Against Me?

Can a Restraining Order Be Taken Out Against Me in My Absence?

A Restraining Order can be taken out ex parte, which means that the person who is requesting the order goes to court, applies to the judge without the other person being there and the judge, if satisfied, will grant a temporary order. The person against whom the order is made isn't usually deemed to be bound by the order until it's brought to their attention, usually by way of a process server or police officer.

Can I Reply?

You will have the opportunity to respond. This will give you chance to give your version of the story. During this time, a lawyer is not required but it is absolutely recommended -- especially if children are involved. Otherwise custody and visitation rights can be interfered with.

What Recourse is Available When the Person Who Asked For the Restraining Order is Lying?

In practical terms, almost none if you go it alone. You are entitled to a hearing where the evidence will probably be your word against his or hers. In the vast majority of cases, the judge will err on the side of caution and approve the order, unless you can show some specific reason why this would cause you unreasonable harm, which only a competent attorney can do.

Despite its intended function, many times Restraining Orders are used for litigation purposes in child custody hearings, divorce proceedings, and for one's own personal gain. Once you are in violation of a Restraining Order you risk jail time, harsh penalties, and a criminal record. For more information specific to your situation, contact Massachusetts Restraining Order Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/