You can ask for an abuse prevention order (209A order) from a judge if the person abusing you is:

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• Someone who you are or were married to

• Someone who you are or were living with

• A family member related by blood or marriage

• The parent of your child, even if you were never married, or

• Someone who you are or have been in a serious dating or engagement relationship with and you’re suffering from abuse because the person using abuse has:

• Harmed or attempted to harm you physically

• Caused you to fear that you’re likely to be physically hurt at any moment, or

• Forced you to have sex or threatened you into having sex

A restraining order can be applied for and granted during regular business hours or by an on-call Judge after hours. In either scenario the plaintiff (person seeking the order) appears before a judge and swears an affidavit putting forth the reasons that support the request for the order.

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When the order issues the respondent (person against whom order is sought) has an absolute right to a two-party hearing. It is at this hearing they can argue against this order and submit evidence on their behalf explain why the order shouldn’t issue.This is often the only opportunity to tell your side of the story.

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If the respondent does not appear to contest the order it will be granted the vast majority of the time. The order can and often does grant temporary custody of minor children and can also set a temporary monetary value of support.

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If you or a loved one has had a restraining order filed against them call Attorney Michael Bradley to protect your rights at (617) 602-5039