Legal Question in Family Law in Massachusetts
restraining order
I have a restraining order on my boyfriend for one year. We are trying to work things out. We want to have a better relationship, we have talked about going to see someone to help are relationship. How do I remove the restraining order.
2 Answers from Attorneys
Re: restraining order
You need to go to the court where it was issued to have it removed. Depending on the terms of the order, your friend may be violating the terms by talking to you. Feel free to call if you need assistance.
Re: restraining order
You must write and file in the court a MOTION TO VACATE AND EXPUNGE RESTRAINING ORDER. Also send him a copy of it. Clearly, your boyfriend will not oppose the motion.
Along with the motion, file a Proposed Order. That is a document entitled ORDER. Under the title, you will write:
After/without hearing, this court orders the restraining order, pursuant to G.L. c. 209A, and docketed as _[docket #)________, be expunged.
Then put a line on which the judge will sign and his/her name (or a space if you if you do not know the name of the judge) beneath it.
When the Order is signed, bring it to the clerk and/or the Family Service Office and request that they execute the Order.
There are no guarantees this will work, but give it a shot. It is simple and uncomplicated.
Good luck.