Legal Question in Criminal Law in Massachusetts

restraining orders

My son is due to go to court on aug 8 for custody and visitation for his daughter. He is the plaintiff in this case. his childs mother has taken out a restraining order on him and then never showed up for court. that was dismissed. now two weeks later she has gone to another city and taken out another restraining order on him. my two questions are how can she keep doing this and can my son show up for court on aug. 8 without being arrested for being within 100 feet of her.


Asked on 7/26/07, 9:33 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: restraining orders

Yes, she can.

He should absolutely stay away from her.

He should get an attorney to assist him with this matter.

When he goes to Court, he should check in with the clerk's office, and ask them how they deal with the distance factor. The 100 feet issue usually does not apply to a court proceeding.

If you or he need assistance, contact me.

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Answered on 7/26/07, 10:04 pm
Daniel Maloney Law Offices of Daniel J. Maloney

Re: restraining orders

The reason she can keep getting RO's is because the system is horrible. But when there is an ordered court date, he will not be in violation of the RO while at court. However, he needs to make sure that he does not speak with her, try to communicate with her in any other way, or do anything which in any way may be misconstrued by the young woman.

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Answered on 7/27/07, 12:41 pm


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