Legal Question in Civil Litigation in Massachusetts

My rights as a restraining order defendant

My ex-girlfriend filed a restraining order on me after I went to talk to her and her new boyfriend at a public building on my campus. I made no threat whatsoever towards either of them (though the new boyfriend actually grabbed and threatened me.) The police were called in, and I cooperated fully (seeing as I hadn't done anything wrong.) I was told to stay away from her new boyfriend (who happens to live in my dormatory, and used to be a friend), and then I got served with a temporary restrating order today that I will go to court on next Friday. What should I expect, and how can I make the judge believe that this is the most absurd thing I have ever gone through (I would NEVER dream of threatening or harming my ex whatsoever.)


Asked on 10/20/99, 4:48 am

4 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: My rights as a restraining order defendant

Better call a real, in the flesh lawyer. If you are in Western Mass, one of our firm's trial lawyers should be able to help you.

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Answered on 10/21/99, 6:41 pm
Thomas Workman Law Offices of Thomas Workman

Re: My rights as a restraining order defendant

You have an uphill battle, already. You need an attorney. If the 209A restraining order renews for a year, and you violate the conditions, you could serve 2.5 years in prison. This is nothing to take lightly. If you are in Southeastern Mass, call me at (508) 822-7777. Do not think you can go to court on your own and get a fair shake. It will not happen.

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Answered on 10/21/99, 8:24 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: My rights as a restraining order defendant

Do NOT NOT NOT call me. I am not looking for

209A business, but DO DO DO call an experienced

attorney in criminal or family law.

209A cases -- restraining order cases -- are

amongst the most dangerous in today's climate.

The judges do not know whom to believe, so they

err on the side of caution. They don't want to

end up on the front page of the newspaper or on

the 6 o'clock news.

That means the 209A restraining WILL issue.

So get the best lawyer you can find. You'll

need him or her. It'll be money wisely spent.

Barbara C. Johnson

Attorney at Law

Andover, MA

http://falseallegations.com

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Answered on 10/23/99, 2:42 am
Stuart Williams

Re: My rights as a restraining order defendant

You have the right to remain silent; you have the right to have a lawyer; you have the right to get in bigger trouble (and a high probability) if you remain silent and don't bring a lawyer.

You ought to have a lawyer with you on that day. There are also some steps to take prior, but I want you to hire a lawyer and ask him or her for strategy tips, not get half-a-story responses from the Internet.

Let me know if you want a lawyer in Boston or thereabouts by e-mailing to me at [email protected], and if you're South of Boston, I recommend Thomas Workman who wrote to you already.

The deck is stacked against you for two reasons already; don't assume you can "clear the air" by yourself; you need the law presented by a lawyer to do that correctly, I'm sorry to say.

I'll try not to repeat myself ... again! Anyway, let all of the lawyers who've replied to you know where in Mass. you are, as a start, and do so immediately!

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Answered on 10/22/99, 12:24 am


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