Legal Question in Family Law in Massachusetts

My fianc�e filed restraining order against me yesterday while she is in the apartment that I'm the head of household and I slept in my car what options do I have


Asked on 1/20/11, 9:54 pm

2 Answers from Attorneys

Richard Kell Law Office of Richard B. Kell

The only option you have at this point is to obey the order until it expires or gets dismissed. There will be a hearing scheduled about 10 days out that you and your fianc�e will have to attend. The worst thing you can do is to not show up at this hearing because that is when a judge will determine whether the order should be extended for an entire year. This would have serious legal implications (especially if children are involved) since you can be arrested at the drop of a hat if there is reason to believe you violated the order. My best advice to you would be to find an attorney asap to defend against the extension.

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Answered on 1/26/11, 6:55 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with attorney Kell. Make sure you attend the next scheduled court date and make your case why the restraining order should not be extended. As has already been mentioned, violation of a restraining order is a criminal offense. You should retain an experienced attorney to defend your position.

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Answered on 1/26/11, 8:31 am


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