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.

What Is A 10-Day Hearing In Massachusetts?

A 10-day hearing is the court proceeding following a temporary ex parte restraining order. Because a judge may initially grant the order without the respondent present, Massachusetts law requires an evidentiary hearing within 10 court business days. The hearing may occur sooner, so rely on the date in your paperwork.

At this two-party hearing, the plaintiff must prove the need for continued protection by a preponderance of the evidence. You may:

Respond to the allegations
Present witnesses and documents
Challenge evidence
Cross-examine witnesses under court rules

We can prepare your response and ask the judge to terminate the order or to limit the terms that are unsupported by the evidence.

If you do not appear at Dedham District Court as scheduled, the hearing may proceed without you. After considering the plaintiff’s evidence, the judge can extend the order, commonly for up to one year. An extension is not an automatic default judgment, but your absence leaves you unable to contest the requested restrictions.

What Should You Do After Being Served With A Temporary Restraining Order?

Even if you believe the allegations are false or the restrictions unfair, it is crucial to comply immediately. Violating an abuse prevention order can lead to arrest and criminal charges. These steps can protect your position:

Read every provision: Identify stay-away locations, no-contact terms, firearm requirements and temporary custody conditions and how each restriction may affect your daily life.
Stop all contact: Do not call, text, email, use social media or ask someone to contact the plaintiff. Responding to a contact initiated by the plaintiff may still violate the order.
Confirm hearing details: Note the date, time, courthouse and courtroom stated on the order. Do not assume the hearing will occur exactly 10 days later.
Preserve relevant evidence: Save complete message threads, call records, emails, social media data and available security footage. Do not edit or delete anything.

We encourage you to contact our firm as soon as possible. Early preparation allows us to organize admissible evidence and help you enter the hearing ready to respond.

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.