Legal Question in Family Law in Massachusetts
Filing Order to Vacate Against 209A Restraining Order
I live in Colorado and was unable to respond to a restraining order filed against me in Massachusetts. The affidavit provided to obtain this restraining order is generally false, and I have obtained witness statements, phone records, and emails to disprove the claims made.
I have been informed that I can file a ''Motion to Vacate'', but I could not find the appropriate form online, (I could only find a form for the plaintiff to file.) I would appreciate assistance in finding the form, and rough instructions on how to file the form.
Alternatively, if a Motion to Vacate is not the best option I would appreciate instructions on how to file an appeal. Thank you. Please just ask if you need additional information.
1 Answer from Attorneys
Re: Filing Order to Vacate Against 209A Restraining Order
There is no such form. What you need to do is file a motion to vacate the order, or for reconsideration. You will have to schedule the motions for a hearing date. On that date, you will have to appear with your witnesses and evidence. I would suggest that you contact an attorney familiar with restraining orders.
You cannot litigate this from Colorado!