How to Fight a Massachusetts Restraining Order
Is There a Massachusetts Restraining Order Issued Against you Unfairly?
If someone has taken 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, 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.
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.