Harassment and Restraining Orders

Protecting Your Rights During Harassment Order And Restraining Order Petitions

Q: What Happens If You Violate A Restraining Order In Massachusetts?

If accused of violating a restraining order, consult your lawyer immediately; violations can lead to substantial consequences including criminal charges that may involve jail time similar to charges for criminal stalking or harassment, expensive monies paid to the plaintiff, and decreased negotiating power in civil proceedings like child custody disputes; if you are found in violation of a restraining order, even unintentionally, legal punishment will follow, and an attorney can help determine if there is substantial evidence on your side and mitigate the repercussions.

Q: What is the difference between a harassment prevention order and an abuse prevention order in Massachusetts?

A 258E harassment prevention order does not require the victim to have any personal relationship with the subject of the order, whereas a 209A abuse prevention order can only be obtained against a spouse, former spouse, another relative by blood or marriage, a current or former household member, or someone with whom you have had a dating relationship; there are also differences in how they are applied and the penalties that can result from violations.

Q: What evidence is required to obtain a restraining order in Massachusetts?

A judge can issue a restraining order based solely on the testimony of the alleged victim if they are deemed credible, but commonly used evidence includes text messages, social media messages, emails, photographs, security cam footage, eyewitness statements and police reports.

Massachusetts courts take restraining orders and harassment protection orders extremely seriously. In some cases, the orders stand in the way of serious violence. But not every case warrants a restraining order. All too often, individuals subject to restraining orders are also subject to loss of civil rights, an inability to visit necessary establishments and other serious consequences. Anyone can bring a protective order against you; we stand by your side.

The Law Office of Philip L. Arnel is a Boston area law firm with a reputation for successful and fierce advocacy. Our founding attorney, Philip L. Arnel, is passionate and highly effective. Schedule a time to talk with our office by calling 888-651-2150.

What Happens If You Violate A Restraining Order In Massachusetts?

When accused of violating a restraining order, you should immediately consult with your lawyer. A protective order is a very serious thing, and violations lead to substantial consequences, including:

Criminal charges that may involve jail time, similar to charges for criminal stalking or harassment
Expensive monies paid to the plaintiff
Decreased negotiating power in civil proceedings like child custody disputes

If you are found in violation of a restraining order, even unintentionally, legal punishment will follow. As your attorney, we can help determine if there is substantial evidence on your side and mitigate the repercussions.

Frequently Asked Questions About Westwood Harassment And Restraining Orders

It is absolutely essential to understand the nuances of restraining orders when you are faced with one. Here is some important information.

What is the difference between a harassment prevention order and an abuse prevention order in Massachusetts?

Massachusetts has two types of court orders that are commonly used to restrict someone’s behavior. While they function similarly, a 258E harassment prevention order does not require the victim to have any personal relationship with the subject of the order.

In contrast, a 209A abuse prevention order can only be obtained against a spouse, former spouse, another relative by blood or marriage, a current or former household member, or someone with whom you have had a dating relationship. There are also differences in how they are applied and the penalties that can result from violations.

What evidence is required to obtain a restraining order in Massachusetts?

It is important to understand that a judge can issue a restraining order based solely on the testimony of the alleged victim if they are deemed credible by the court. However, evidence commonly used in these cases includes text messages, social media messages, emails, photographs, security cam footage, eyewitness statements and police reports.

What steps should I take if I believe a restraining order has been wrongfully issued against me?

If you believe a restraining order has been wrongfully issued against you, you need to be strategic. This means:

Understand the terms of the restraining order and do not violate them.
Gather evidence to contest the order at a follow-up hearing.
Request modifications or dismissal of the restraining order.

Do not contact the alleged victim to try to clear things up, negotiate or even apologize. Violating a restraining order can lead to criminal charges and loss of employment, housing opportunities and firearm and child custody rights. Talk to an experienced defense attorney as soon as possible to understand your rights and develop a plan for your approach in court.

Relentless Defense Known To Succeed

At the Law Office of Philip L. Arnel, our firm has an overwhelming record of success in trials and hearings. We understand more than just the law; we understand the detailed and varied ways the court applies the law. We are meticulous and zealous defense attorneys. Talk with us today.