Legal Question in Family Law in Massachusetts
restraining orders/notices
My younger sister has been estranged from family for nearly 10 years. Prior to this estrangement, when this sister returned to Mass. from Florida as a single mother, I helped care for her daughter, my niece, from the age of 3 until 9. I have not been allowed to see this niece due to the estrangement for a number of years.
Upon the niece's high school graduation last year, she came to my home, at my request, and picked up an approx. $500 gift toward college.
It has been a full year and I have not seen or heard from her in one year nor had I made any attempt to contact her in the past year until 2 weeks ago, I sent her an e-mail for her birthday along with contact information to reach her father.
Yesterday, I received a Notice from the Palmer District Court indicating I need to appear in Court on a date four days from now. She is apparently filing a restraining order!
Restrainment from what, a birthday e-mail? What are the requirements to ask for a restraining order? I have not seen/spoken to my niece in a year, other than this 1, belated birthday e-mail that has prompted this action.
Is a notice the same as a subpoena? Am I required to go?
Do I need to engage an attorney?
Thank you for your help in advance.
SW.
2 Answers from Attorneys
Re: restraining orders/notices
An RO is given if the complainant -- the so-called "victim" -- is in fear of "SERIOUS IMMINENT PHYSICAL HARM" from you.
Given to people are spouses, co-habiting, dating, blood relatives.
You do not have to appear.
You do not need a lawyer.
If you do not go, the RO will be issued for a year.
If you do go, it still might issue.
She has had to write an affidavit explaining why she is "in fear." GO TO THE COURT AHEAD OF TIME -- say, tomorrow -- AND GET A COPY OF THE AFFIDAVIT TO LEARN WHAT THIS IS ABOUT.
Re: restraining orders/notices
I agree that you should get a copy of the affidavit and any attachment - RIGHT AWAY. Then, I believe that you should contact an attorney to review the documents, your evidence, and your strategy. There has been new case law about what imminent fear means.
The consequences of having a restraining order issued are significant. It means having to look over your shoulder, like a prisoner in an open world. Personally, I would think that it would be foolish not to have this matter reviewed by an attorney familiar and knowledgeable with the issues that you will face in 4 days.
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