Legal Question in Family Law in Massachusetts

Re: restraining orders

In order to get a restraining order on someone it requires a foundation and someone you live with, a family member, a spouse, etc.

For instance, you need either a pattern of abuse or a specific violent episode between the abuser and the individual whom is seeking the order or, in the instance that it is for a child an adult could go forward on their behalf. The request for one has to be for "good cause shown."

Also, how old are your children and the child that has the mental health issues?

In any event, see what I pasted below:

Laws Regarding Domestic and Dating Violence

Abuse Prevention Act

Under the Abuse Prevention Act, Massachusetts General Law Chapter 209A, 'abuse' is defined as 1) causing or attempting to cause physical harm; 2) placing another in fear of imminent serious physical harm; or 3) causing another to engage involuntarily in sexual relations by force, threat or duress.

An Abuse Prevention Order (also referred to as a '209A order' or 'restraining order') is a civil order of protection for victims of abuse, and may be obtained against a current or former spouse, a current or former household member, a blood relative or current or former relative by marriage, a person with whom the victim has had a child in common, a person with whom the victim has or had a 'substantive dating relationship.' Such orders may include provisions that the abuser refrain from further abuse, have no contact with the victim of abuse, and/or vacate the victim's residence or place of employment. A temporary Abuse Prevention Order may be issued without notice to the defendant upon an adequate showing that there exists a 'substantial likelihood of immediate danger of abuse.' A hearing will then be scheduled on the question of continuing that order, where again a sufficient showing must be made to warrant an extension of the order.

Under the statue, factors which bear on whether a dating relationship is 'substantive' include the length and type of relationship, the frequency of interaction, and the length of time since the relationship was terminated, if applicable.

A 209A order or "restraining order" is a civil order by nature; violation of a 209A order is a criminal offense.

I hope this is helpful to you!

Sincerely, Maria Murber

Re: restraining orders

First retain an attorney to represent you in the divorce or separate support action your wife will bring as she may be able to support the house if the Court orders you to support her and the children. A Separation agreement could be drafted to address your other concerns. Good Luck!

Re: restraining orders

Let me see if I have this right: You and your wife are separating. Therefore, she is unable to pay for the home by herself. She has decided to have her sister move in to help out, but she does not have a job. In addition, her daughter has emotional/mental health issues and you are concerned for your children's safety.

Lastly, you want to retain a restraining order.

Questions to you:

1. Are you planning on paying child support to your wife for the children's care and maintenance?

2. Do you still live in the home?

3. Who do you want a restraining order for or against(i.e. yourself, your children, wife, sister-in-law and/or daughter, etc.?)

4. Do you want custody of your children, based on the fact they are not in a safe environment?

5. Please explain your goal! What exactly are you asking for? Do you have a solution as to where your children can live?

Please feel free to email me with further information. In order for me to advice you, I need to know exactly what you are asking and what goal you are trying to achieve. [email protected]

Sincerely, Maria Murber