Legal Question in Family Law in Massachusetts

Re: resstraining order

First things first. If the Restraining order is still TEMPORARY, get a lawyer and fight it. If you showed up at court expecting a fair hearing and lost, you now have a difficult, uphill battle to face. In Massachusetts, all someone has to say is "he/she scares me" and a restraining order will generally issue. Although there is an analysis regarding whether the stated fear is/was reasonable, that is also weighed against the potential harm that could result if an order was not issued, and most courts will issue the Restraining Order. Moreover, in Massachusetts, lawyers recognize the potential advantage that a Restraining Order presents when fighting over custody of children and division of assets. It is not uncommon for the party filing for divorce, or the party who thinks they may (due to psychiatric or medical problems) think they will not gain custody, to file a petition for a ZRestraining Order before initiating the divorce.

If you now have a restraining order against you, be prepared: anytime a police offocer stops you for a moving violation (speeding ticket), they will be told that you are a dangerous person (you have a restraining order) and that will set the tone for the rest of the stop. This Restraining Order stays on your Criminal Record (even though it is a "Civil" order) for life.

Now that there is a Restraining Order in place, the only way to avoid a false allegation that you violated the order is to keep someone with you to act as a witness at all times and keep a log book of where you go and when. Otherwise, if it comes to it in court, it will be your word against hers and the court has already determined that you are Violent and presumed, as a defendant, to be motivated to lie in order to stay out of jail.

The best thing you can do is APPEAL the restraining order. It is a long process, but it is your only chance to get a hearing and have all of the facts and evidence presented to the court... it is also the ONLY CHNACE to remove this from your Criminal Record.

Best of Luck.

Re: resstraining order

First off, there are not supposed to be competing restraining orders. If memory serves correctly, that is proscribed by statute. Secondly, are you separated and not divorced? Sounds like it from your question. A falsely obtained restraining order, if you can rebut the testimony in the affidavit can be vacated. Usually this occurs within the first 10 days of the order, on the return date, at an evidentiary hearing. An appeal is a costly proposition. I would probably suggest getting the 209A vacated with the assistance of counsel, and moving forward with a divorce, if you haven't already done so, also with the assistance of counsel and getting on with a healthy life thereafter. Once her 209A is vacated, and you have moved toward divorcing, or have completed that, if the "fatal attraction" continues, and you fear for your physical safety, then you may want to consider a 209A yourself. I have not read in your question anything that leads to the conclusion that you are in fear of imminent physical harm from her, unless your "fatal attraction" comment is meant to be literal. I agree with the prior answers that you should seek counsel to assist you.

Restraining order Defense

The outline of this issue was described by Ray.

You raised a complex situation which poses quite a few risks and dangers for you. Fighting a restraining order is doable, and almost always requires the assistance of an attorney. I would hope that you have retained one. If you did not, you should.

You should contest any complaint for a restraining order, and undertake all investigation and discovery to assist you in over coming it. This, however, takes a commitment and effort by you.

Should you wish further assistance, or if you have any questions, you can contact me at your earliest convenience.

Re: resstraining order

If you are in fear of her, you may also want to obtain a 209A, but you have to be very careful, because it may look like retaliation to the court.

Also as the prior attorneys have already stated, if you have not done so yet, you should really consider retaining an attorney to assist you in this matter.

In addition, make sure you keep documentation of your daily activities, dates, etc.; in case, she alleges you violated, you have documentation of what you were doing and where you were doing it.

I recently had a case where my client was lucky enough to remember that he was at a program on the alleged date of violating the 209A and had 3 reliable alibi witnesses when his ex allege that he was at her home.

Good luck! Sincerely, Maria Murber