Bristol County Restraining Order Lawyer

In the commonwealth of Massachusetts, one in three women and one in five men have experienced some form of serious domestic abuse in their life. This includes instances of rape, physical violence, or some form of stalking. Nationally, the statistics are not much better. That said, there are many frivolous or unwarranted restraining orders filed against people on a daily basis, and it is important that these accused individuals have an opportunity to have their side of the story heard and explained clearly in court. In some cases, a judge can order an emergency restraining order that can take immediate effect and last for up to 10 days. If you have been served with an emergency order, then you will need to attend a hearing where you will be able to offer your perspective and the details about why this order will damage your life unnecessarily. Working with an experienced Massachusetts restraining order attorney can help to significantly increase the odds of your request being granted. Learn how to fight a restraining order in Massachusetts by reaching out to The Law Office of Brett V. Beaubien online or at (401) 427-4280 to schedule a confidential consultation with our Massachusetts restraining order attorney. Proudly serving Wrentham, Taunton, and Attleboro. Hablamos español.

In the Commonwealth of Massachusetts, the court will only issue a restraining order if they find that abuse has occurred. The law defines abuse as the following: Making an attempt at or actually causing physical harm; Creating an environment that causes a fear of imminent physical harm; Forcing someone to engage in a sexual act involuntarily (this includes threatening, physical force, as well as coercion). In many cases, the people who file for these protective orders are right to be concerned for their safety. However, there are many other people who are wrongfully served these orders as a result of a disagreement with a partner, parent of a child, family member, or someone else who uses this order as a way to "punish" the person on the receiving end.

Restraining orders in Massachusetts are not applicable to every case that involves abuse. Those who are eligible to get a restraining order placed against an abuser must meet one or more of the following qualifications: Currently married or were once married to each other; Currently living together or have lived together in the past; Have a relationship formed by blood or through marriage; Parents of the same child; Currently in a serious dating or engagement relationship. If the person who filed the order against you does not fall in the categories mentioned above, then they may be able to file for a harassment prevention order.

Essentially, restraining orders are used to order defendants to immediately cease their acts of abuse and stay away from their victim(s). Restraining orders can: Order defendants to cease contact with as well as stay away from petitioners; Potentially award temporary custody of a minor as well as child support; Order defendants to compensate their victims for the suffering as well as losses that occurred as a result of the abuse; Impound any firearm that the defendant owns; Order a defendant to attend and complete a batterer intervention course program.

If you believe that you have been wrongfully served a restraining order, then it is absolutely essential that you work with an experienced Massachusetts restraining order lawyer who is ready to take your case to court and be sure that your story is heard and understood. The case is typically heard within 10 days of the filing. However, a judge may grant an emergency restraining order until the case is heard. Protecting yourself from a wrongfully filed restraining order can be stressful, scary, and confusing. Working with a Massachusetts restraining order defense attorney can help to ensure that you are taking the appropriate steps, following the right procedures, and presenting the court with enough evidence to increase the likelihood of your request for dissolving the order being granted. Give Brett V. Beaubien Esquire a call to discuss your case.