Legal Question in Criminal Law in Massachusetts
unknown charges
My girlfriend recently applied for her ccw in ma. She was told that she has an active restraining order on her from a person that lives on the other side of the state (she doesn't know person). She doesn't know what to do because it is on her criminal record but it wasn't her, thinking it was someone with similar name. We called the police department where restraining order was filed and they have no record of her in their system at all. I was just wondering what we have to do to fix this. Any and all help is appreciated...thank you for your time
3 Answers from Attorneys
Re: unknown charges
She should contact the court and find out what they have for paper work. Once she finds out what the paperwork says, she can then figure out how to deal with the problem. Hopefully, the court will talk to her on the telephone. If not, she may have to file a motion and go to the court to have this addressed.
Re: unknown charges
There is no set procedure to clear up your situation. You can either continue to try to do it yourself or hire an attorney to do it for you. I would start with the same things that you are doing, call the issuing police station, the court where it was filed, etc until I got to the bottom of the issue and straightened it out.
Re: unknown charges
Your girl friend should consider retaining an attorney to check the records of the court from which the restraining order issued. Good Luck!