If you are facing the need for a restraining order in Massachusetts, it’s essential to understand the legal process and how it impacts your rights and safety. The Law Offices of Robert P. Luber is here to guide you through this difficult situation. As a dedicated restraining order lawyer, we offer compassionate support and a thorough understanding of Massachusetts’ laws surrounding personal protection orders. If you are in need of a restraining order or need to defend against one, our team is ready to help. Contact us today at (978) 224-1190 for a free consultation and begin the path toward a safer future.
Different Types of Restraining Orders in Massachusetts and New Hampshire Which One Fits Your Situation
If you are facing an unsafe or abusive situation in Massachusetts or New Hampshire, seeking a restraining order can provide the protection you need. However, understanding the different types of restraining orders and knowing which one is right for you is crucial to ensuring your safety. In Massachusetts, there are several types of restraining orders, each serving a specific purpose.
What Is a Restraining Order?
A restraining order is a legal order issued by the court that mandates an individual to refrain from certain actions, usually to protect someone from harm or harassment. In Massachusetts, the law allows for several types of restraining orders, each designed to address different situations of threat, violence, or harassment. These orders can prevent someone from contacting, coming near, or otherwise threatening or harming the protected person.
Types of Restraining Orders
In Massachusetts, there are three primary types of restraining orders: 209A orders (for domestic abuse), 258E orders (for harassment), and 258F orders (for protection of children). While they serve similar purposes of providing protection, they each have different requirements, processes, and conditions. In New Hampshire the court order protects a person who has been abused by a family or household member or by a current or former sexual or intimate partner as defined in RSA 173-B.
A restraining order, commonly referred to as a “domestic violence order,” is issued when there is evidence of domestic abuse. Under Massachusetts and New Hampshire law, domestic abuse includes physical harm, threats of harm, or other forms of abuse within certain relationships, such as between spouses, parents and children, or people in a dating relationship.
If you are a victim of domestic abuse, this type of restraining order can be an essential tool in protecting yourself. A restraining order can be filed against a current or former spouse, a partner you live with, a family member, or someone you have had a romantic relationship with. This order can prevent the abuser from contacting you, coming near you, or entering your home. It can also require the abuser to surrender firearms, depending on the circumstances.
Key Aspects of a Restraining Order
- Emergency Relief: If you are in immediate danger, you can request an emergency 209A order, which can be granted without the abuser being present. This is often a short-term solution, but it provides quick protection.
- Permanent Orders: After a court hearing, the judge may grant a longer-term order that lasts up to a year or more. This order may also require the abuser to vacate your home, provide financial support, or attend counseling.
How to Choose the Option That’s Right for You
Choosing the right type of restraining order depends on your specific situation. If you are experiencing domestic violence, a restraining order may be the most appropriate option. This type of order offers the strongest protection for those in abusive relationships.
Steps to Take
- Gather Evidence: If you are seeking a restraining order, it’s important to collect any evidence that supports your case. This could include police reports, photographs of injuries, threatening messages, or witness statements. The more evidence you have, the stronger your case will be.
- File the Petition: You will need to file a petition in the Massachusetts or New Hampshire court system to request a restraining order. If you are unsure which type of order is right for you, an experienced family law attorney can help guide you through this process.
- Attend the Hearing: Once the petition is filed, a court hearing will be scheduled. Both you and the person you are seeking the order against will have the opportunity to present your sides of the case. After reviewing the evidence, the judge will determine whether to issue the order.
- Follow the Order: Once a restraining order is granted, it’s important to follow all the provisions outlined by the court. If the other party violates the order, contact law enforcement immediately.
How a Family Lawyer Can Help
Navigating the process of obtaining a restraining order can be overwhelming, especially when dealing with an abusive or threatening situation. A family lawyer can help you understand which type of restraining order is best suited for your needs, assist with the paperwork, and represent you during hearings. Having legal guidance can significantly improve your chances of obtaining the protection you need.
Trust a Restraining Orders Attorney Who Cares About Your Safety and Rights
When it comes to restraining orders in Massachusetts, you need a knowledgeable and empathetic attorney on your side. The Law Offices of Robert P. Luber is committed to protecting your well-being and guiding you through the legal process with confidence. Whether you need assistance obtaining or defending a restraining order, we are here to help. Don’t navigate this challenging situation alone—contact us today at (978) 224-1190 for a free consultation. Let us help you take the first step toward ensuring your safety and peace of mind.
