Legal Question in Family Law in Massachusetts
Bi-state restraining orders supposedly in place
According to a certain individual there is a restraining order against him. He is in one state and the plaintiff is in another state. The plaintiff knows his whereabouts(address,phone and workplace). In order to have a restraining order put on you does it not have to be sent to you? The plaintiff accuses him of verbal child abuse saying that the child lied to the case worker. And says he is not allowed to see the children. These individuals are still married but living in different states and she will not tell him her whereabouts with the children. Is this considered kidnapping?
1 Answer from Attorneys
Re: Bi-state restraining orders supposedly in place
A restraining order must be served on the person against whom it has issued. "Served" means handed to your friend by a law-enforcement person. There are circumstances where the notice of the "emergency" RO may be taped to a door, etc.
Did your friend have a hearing before the order issued or within 10 days after the inititial one issued?
Whether there was kidnapping depends on whether there was a custody order in place and who had been given custody. Lots of etceteras here, too.
Kidnapping? Possible. Depends on the facts.
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