Get a Restraining Order in Middlesex County, MA
Protecting Your Safety in Newton, Boston & the Surrounding Areas
A restraining order limits contact between an abuser and victim. In divorce cases, however, it is not uncommon for an individual to be falsely accused of abuse and for a 209A restraining order to be filed under wrongful pretense. When domestic violence is alleged, it can give the other party a leg up in a divorce, custody, or alimony disputes.
A Newton divorce attorney from The Halks Firm can protect your safety and best interests. To learn more, contact us at (781) 995-0107.
How to Obtain a Restraining Order
To obtain a restraining order, you will have to go to court and ask a judge to issue one. Usually, he or she will issue a 10-day restraining order. The defendant will then be notified to appear before the court where it will be determined whether the order should be extended to a year. If someone violates a restraining order against them, it is a criminal offense and they can be arrested.
How Long Does a Restraining Order Last?
When you initially file for a restraining order, a judge will set a review date to take place within 10 days. During those 10 days, you will have what is known as an ex-parte protective order that essentially functions as a temporary restraining order until the hearing. During the 10-day during, the defendant has the opportunity to appear and explain his or her side before a judge either grants or denies your request.
If the judge grants your request, the restraining order he or she issues can last for up to a year. It can potentially be less if you request for a shorter period of time or if the judge believes there is a reason to make last less than a year. However, it is also possible for a restraining order to become permanent after a year. At the first hearing, the judge would still issue it for up to one year and, after the year passes, another hearing could be scheduled, where the judge could potentially make the order permanent if he or she believes it is necessary. This might even be done after the second year elapses if, after the first year, it was only extended for another year.
Types of Restraining Orders in Massachusetts
- An abuse prevention order: This is given to an individual who is or has been married (or who has a necessary relationship with a significant other or family member) and can demonstrate that the accused has harmed or attempted to harm them. This can include threats of harm or forced sexual contact.
- A harassment prevention order: This is given to individuals who do not have the necessary relationship with the abuser to request an abuse prevention order. You can request protection in this way against someone who has committed three or more acts of cruelty, abuse, or damage to property.
Speak with our experienced Newton restraining order lawyer today by calling (781) 995-0107.