How to Fight a Massachusetts Restraining Order
Is There a Massachusetts Restraining Order
Issued Against you Unfairly?
If someone has taking out a restraining order or 209A
against you in Massachusetts, there is good reason to try to fight it and get it
removed. Even though a restraining order is a civil document, it
essentially becomes part of a criminal record against you. If the
police run your name for any reason, they will pull up that a
restraining order is issued against you.
You see, Massachusetts judges will issue a restraining order almost
anytime they are asked. It's considered a safe thing to do, regardless
of whether it is legally justified. Especially if no one is there to
make a counter argument and contest the facts.
Did you know that you can be kicked out of your own
house if a restraining order is issued against you? I've seen it
happen! If you invite your girlfriend to live with you, particularly
if she has kids, and if she gets mad at you and gets a restraining
order, you can be forced to leave. And you still have to pay the mortgage!
If the order is issued, you are also put in a
nationwide criminal database. Even if/when it is ultimately removed, it is
extremely difficult to get that information removed/expunged. This is
something that will follow you for the rest of your life, anytime
someone runs your criminal record.
Can I Get a Restraining Order Against Me Removed?
Yes, it is possible. The rules for getting a
restraining order are very clear, and can be challenged. In Massachusetts, a restraining order can only be
issued against someone with whom you have a specific relationship,
i.e. a brother/sister, mother/son, or a boyfriend/girlfriend, or a
roommate. Secondly, it must be established that there is a reasonable
threat of immediate bodily injury or harm.
If a restraining order is being issued against you,
and you don't think it's fair, I can defend you at the hearing. Or, if
a 209A has already been
issued, I can go in and fight to have it removed. Also, if you've been
arrested for a restraining order
violation in Massachusetts, one of the defenses I may use is that
the order was falsely and unjustly issued.
In short, contesting a restraining order that has been
issued against you can protect you from being subject to arrest and
prosecution for a number of crimes based on a single call and
complaint. And it keeps your criminal record clear.
If you've been arrested for a Massachusetts
restraining order violation, refer to my 209A page.
If you have a restraining order against you, and you
don't think it's fair, give me a call at my office in Dedham, MA at (781)326-2700, or my Brockton
office to discuss your situation now. Or contact
me via this form.
By
calling, you have nothing to lose. I'll be happy to talk over your case before you decide if you want to hire me.
Defending people and protecting their rights is what I do for a living. Call
for a free consultation now.
Sincerely,
Elliot Savitz, Attorney at Law
30 Eastbrook Road
Suite 201
Dedham, MA 02026
(781)326-2700
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