Legal Question in Criminal Law in Massachusetts
is there any type of an appeal when someone places a restraining order on you when you have done nothing? My wife and I are getting a divorce and she wants the state to push the divorce through before she has our baby in Dec. so it won't have my last name and she keeps making false accusations to make me look like I am abusive. All I did was hand her the answer to the divorce in a public place with plenty of people around so I could avoid this and she still went to court and said I threatened to hurt her. I have witness's that I didn't threaten her, but now my freedom is restricted for the next ten days. I can't even go to the grocery store to buy my kids food for fear of getting arrested because she might show up and claim I did or said something else to her. I am afraid to walk down to the court house because she might drive by and see me alone and make up something else. Is there anything I can do? I am a father that has full legal and physical custody of my 2 daughters and would not do anything to get arrested because they would take my kids away.
4 Answers from Attorneys
Retain an attorney to appeal the restraining order and represent you on the divorce. Good Luck!
I agree that you need to hire an attorney right away to protect your interest. Feel free to contact the office if you want to speak further 774-745-0562.
You should have either a Criminal Defense Attorney or a Divorce Atorney who is familiar with the 209A Restaining Order Defenses. You are probably better off with the Criminal Defense attorney. I know that I have personally encountered hundreds of these in the course of my criminal practice. Although they are extended liberally by district court judges, if you have witnesses to the event that she alleges was threatening, be sure to tell the lawyer that you hire. This is not an area to be frugal. Hire the best attorney that you can afford if you care as much as it sounds like about the results. I am located in Worcester and my number is (508) 752-7500. Please go to my web site at www.lawworcester.com for more information about the restraining order and my own background if you still need assistance.
I have dealt with a situation where an inexperienced attorney represented someone on the 10 day hearing, and messed up.
You should prepare for the hearing as if it is a TRIAL. It is!.
Under some circumstances you can do discovery.
If you need help or representation, contact me at 978 749.3606.
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