Legal Question in Criminal Law in Massachusetts

Re: Removal of restraining order

To get a court to act in a case already filed,

one must file a MOTION. In a MOTION, one asks

the court to allow or grant something. In your

case, you must file a motion to vacate the restraining order.

The motion must contain facts such as the

description of the property, whether it is rented

and shared or owned jointly and shared.

The word "shared" by itself

is like tepid water. It's not going to make

anything happen; it certainly is not going to

move mountains . . . and that's what you're

asking a court to do: TO VACATE A RESTRAINING

ORDER. These days that is equivalent to moving a

mountain in the Himalayas. While judges know that

many of the accusations by girlfriends of assault by boyfriends are false, the judges

cannot tell in the few minutes they see the

alleged assaulted and alleged assaulter whether

the story is FALSE or TRUE.

So in case the story is TRUE, the judge slaps on the TRO and just in case it is

TRUE, he/she will be hesitant to remove it.

They don't want to be a front-page story: Judge removed TRO. Girl in coma.

So put into the motion a description of yourself (for example, where educated,

employed, or temporarily on welfare), the reasons

which

you believe motivated your girlfriend to seek

the RO, and so on.

Make the judge believe that your girlfriend

made up the story because she didn't want to bed or

share her bed with you anymore . . . and given

that you loved her

so much,

the only way she could get you out of that bed

was to

make up this horrendous story of you committing

a heinous assault on her.

Don't hesitate to use what you might think are sexually explicit terms. The judges who sat on the bench for any period have heard it all. Some may even

have been as lust as you were. Don't pussyfoot

around. Tell your perception of the

truth. It's as valid as anyone else's perception.

As for your laundry, she probably didn't want it, but you DO. So please remove the TRO so that you can collect your belongings.

Get the idea. Go for the dramatic. You must be

able to catch a judge's attention quickly. You only have a few minutes.

You must make a written record.

The judge might

never read what you wrote. He/she

might only look up at you and say, "Mr. X, what

do you have to tell this court?" He/she might only say your name and

give you a nod to speak.

You'll have only a FEW MINUTES to get him/her to

agree with you that the TRO MUST be removed.

Remember that the judges have heard it ALL

before. So make it good. Transform yourself

into David Kelley or Michael Crichton for those

few minutes.

Even if you never get the TRO vacated or removed,

you'll have in your memory those few moments

when you transcended

your ordinary everyday self.

Good luck!

P.S. Other, if not better, guidance

could have been given if you had given more

facts to lawguru.