Legal Question in Criminal Law in Massachusetts

I recently went to renew a restraining order. For a week before the court appointment I was worried about seeing the person whom the order was meant. He didnt show and I thought thank god and the order was renewed for 3 years. But here it is a day later and I receive a motion to court for this person. I have no desire to face him again and I see no reason that I should make time to go back to court because he could not manage to remember his court date. Is there a way to fight this motion without having to be in the same room with this person.


Asked on 4/20/13, 10:37 am

2 Answers from Attorneys

Dan Hynes N.H. DWI GUY

File an objection the court may or may not grant it

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Answered on 4/20/13, 11:04 am
Victoria Nadel Victoria L. Nadel, Esq., http://www.vlnesquire.com/

Well, I don't know what a "motion to court" means.

If it is a summons (which is usually not mailed but can be in some civil cases), call the person on the summons and ask what the issue is. There should be a phone number to contact on the summons. You should feel free to tell the person - even if s/he represents the person against whom you have a restraining order - that you are afraid of this person and have a restraining order and you doubt your testimony will be helpful to him.

If it is a criminal case, you can call the prosecutor and ask what the circumstances are and why you received this notice. Do not ignore a summons to court because a capias (essentially a warrant) can issue to bring you in.

Please remember that the actors in the justice system - the lawyers, court officers and judges all serve really important purposes and none of them is your enemy. They are doing their jobs. The vast majority of lawyers are respectful and understanding of the tensions that exist in the real world so try to be patient and respectful with them, too - even if you do not like their client.

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Answered on 4/22/13, 4:39 pm


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