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/


Restraining Order Laws in the Commonwealth of Massachusetts (209A Order)

Restraining Orders are designed to allow an order to be issued very quickly and easily; however, they are not so easy to get rid of. In Massachusetts, a person may obtain a Restraining Order ex parte, meaning; the accused will most likely not be present in front of the Judge to explain his or her side of the story. Rather, the Judge will rule based on the accusers version of the events, which oftentimes will be satisfied by just reading the accuser’s affidavit. Restraining Order laws have been enacted in order to protect people that have been suffering from abuse. However, sometimes people abuse the laws and take out Frivolous Restraining Orders, for personal gain.

In most cases, the accuser will be able to get a temporary 10 day Restraining Order issued against you. The Judge will then give you a date to come back to Court, usually within the 10 days. When you come back to Court on the 10 Day Hearing Date, you have the opportunity to have a full evidentiary hearing. It is imperative that you get an experienced attorney who can present your version of the facts. At the Full Restraining Order Hearing you have the right to have an attorney cross examine the person applying for the Restraining Order, submit exhibits to the Court and present witnesses on your own behalf.

Most people think they can simply give the Judge their account of the situation, and everything will be okay; that is most often not the case. The Judicial Process can be overwhelming and if all of the facts are not properly presented, you can find yourself in a life altering scenario. Even though a Restraining Order is considered to be a Civil Matter, it has Criminal implications. This means the accuser has been just granted a weapon in which to use against you. This person can now call the police anytime he or she is upset with you, angry that a custody proceeding didn’t go his or her way or mad that you are in a new dating relationship. If a Restraining Order is issued by the Court you may be ordered to vacate your home, avoid contact with the accuser, not abuse the accuser in anyway, and surrender all of your firearms and ammunition to the local police station. It is also possible that if the Restraining Order is issued out of the District Court, which oftentimes they are, you may not have any contact with your own children until the Restraining Order gets modified in the Probate and Family Court, which can take time.

Restraining Orders are used with great success in our society to protect citizens from harm. However, in today’s society, a Restraining Order is being used more and more for litigation purposes to manipulate divorce proceedings, child custody hearings and for one’s own personal gain. If a Restraining Order is issued against you and you violate the terms of that order for whatever reason, you will be subject to arrest, jail time, fines and a permanent criminal record. If you find yourself on the receiving end of a Restraining Order, please contact Attorney Paul R. Moraski at 1-978-744-1200.

The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com