Restraining Order Defense in Massachusetts
A restraining order is a legal measure designed to protect individuals from harassment, threats, or violence. In Massachusetts, restraining orders can have serious implications on both personal and legal matters. If you are facing a restraining order, it’s crucial to understand the process and implications, and to seek experienced legal representation.
If you have a restraining order case in Massachusetts, contact us for a free case evaluation. With law offices in Quincy and Norwell Massachusetts, restraining order attorney Michael Bradley serves Suffolk County, Norfolk County, Plymouth County, Bristol County, Cape Cod, and the South Coast including Braintree, Boston, Brockton, Dedham, Fall River, New Bedford, Plymouth, Quincy, Taunton, Wareham, Weymouth and more.
What is the Purpose of a Restraining Order?
The primary purpose of a restraining order is to provide protection from harassment, threats, or violence. It is a legal order issued by a court that prohibits one individual from contacting or coming near another individual. Restraining orders are commonly used in cases involving:
- Threats of Violence: If someone threatens to cause physical harm or damage.
- Harassment: Repeatedly unwanted and intrusive behavior that causes fear or distress.
- Violence or Assault: Actual or attempted physical harm.
How Does One Obtain a Restraining Order?
To obtain a restraining order in Massachusetts, follow these steps:
- File a Request: The person seeking protection (plaintiff) must file a petition with the court. This involves providing detailed information about the harassment or threats and any incidents that have occurred. The request can be filed during regular business hours or through an on-call judge after hours if immediate protection is needed.
- Court Hearing: After filing the request, a court hearing is scheduled. At this hearing, both parties have the opportunity to present their sides of the story. The judge will review the evidence and determine whether a restraining order should be issued.
- Issuance of the Order: If the judge finds sufficient evidence of harassment or threat, they will issue a restraining order. This order will specify the terms of protection, such as prohibiting contact, staying a certain distance away, or other restrictions.
- Enforcement: Once issued, the restraining order is enforceable by law. Violations can lead to legal consequences, including arrest and additional charges.
What Happens if One Falsely Accuses Another to Obtain a Restraining Order?
Falsely accusing someone to obtain a restraining order can have serious legal consequences. Here’s what you need to know:
- Legal Ramifications: If someone is falsely accused, they can challenge the restraining order in court. Providing evidence of the falsehood can lead to the dismissal of the restraining order and potential legal action against the accuser for making false claims.
- Impact on the Accused: A restraining order based on false accusations can significantly impact the accused’s life, affecting their personal relationships, employment, and reputation. It is essential to address the allegations promptly and effectively.
- Criminal Charges: Filing a restraining order based on false information may lead to criminal charges, such as filing a false police report or perjury. The legal system takes such matters seriously, and those who make false accusations can face penalties.
Why Legal Representation is Crucial
Navigating the restraining order process requires a thorough understanding of the law and legal procedures.
If you are facing a restraining order or need assistance with related legal matters, contact Attorney Michael Bradley. With extensive experience in handling restraining orders and criminal defense cases, Attorney Bradley is dedicated to defending your rights and providing effective representation. Call now for a free case evaluation and discuss your situation with a knowledgeable attorney.