Legal Question in Family Law in Massachusetts

Restraining Orders
On 4.14.09 I had an altercation with a neighbor who lives in the same building on the 2nd Floor. During this altercation I was threatened with being spit on, having a nostril evacuated onto me, a knee movement towards my groin, threatening motions with a shovel and had dog feces thrown at me. On 4.29.09 I found a piece of dog feces in my BBQ on the grill area. I would like to know if I can have a restraining order taken out against this individual and how I would go about it?

Asked on 4/30/09, 1:38 pm

4 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

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Re: Restraining Orders

You can seek a restraining order but not the domestic restraining order that you are probably thinking of. The domestic restraining order is free and can be obtained with the help of the police. You don't qualify for this because you don't have a domestic relationship with your neighbor. However, you can get seek an ordinary restraining order which will require you to pay a filing fee, draft a complaint and motions, serve your neighbor and litigate in a civil proceeding.

Answered on 4/30/09, 1:55 pm

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Alan Pransky Law Office of Alan J. Pransky

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Re: Restraining Orders

Answered on 4/30/09, 1:55 pm

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Restraining Orders

As Mr. Pransky stated, you can go to the Superior Court and seek an order, but will have to pay a filing fee. However, I believe that there is a separate and special form for these instances, based on past experience. You may want to call the clerk's office of the Superior Court for your county (Norfolk).

Answered on 4/30/09, 3:58 pm

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