CRIMINAL DEFENSE ATTORNEY: RESTRAINING ORDERS IN MASSACHUSETTS
A restraining order can complicate an individual’s life in a moments notice. In the state of Massachusetts, any roommate, relative, boyfriend, girlfriend or family member can legally apply for a 209A temporary 10-day restraining order ex parte – which means they can do so by simply signing an affidavit at a local courthouse, attesting that they truly believe they are in danger of serious and imminent bodily harm. What this means to you is that you could find yourself homeless and penniless if this was a person you depended on for financial or home security, among other problems.
If you find yourself in this situation, you should hire an experienced criminal defense lawyer immediately.
RESTRAINING ORDERS IN MASSACHUSETTS: KNOW YOUR RIGHTS
After you are served a restraining order, you are entitled to a full hearing within ten days, and should find a criminal defense attorney immediately.
If you are served a restraining order, you will first be required to vacate the premises if you live together. You will also be required to avoid all contact including emails, calls, letters, texts, and physical contact with the victim in question. This also means that you are strictly forbidden from having a third party individual contact that person on your behalf. You are better off hiring a skilled criminal lawyer who can ensure there are no misunderstandings or false accusations against you claiming you’ve violated the temporary restraining order.
Within the ten days, you’ll be required to appear before a judge to determine whether or not the restraining order needs to be made permanent.
VIOLATING A RESTRAINING ORDER
Though you should make every possible attempt to abide by the terms of your restraining order, if you violate the terms you could be charged with various crimes, held in custody, and/or be required to post bail. Being found guilty of violating a restraining order can earn you jail time, a monetary fine, and a permanent mark on your criminal record.
In order to avoid jail time and any other problems that may arise due to your incarceration or criminal record, be sure to hire a Massachusetts criminal defense attorney as soon as possible in your criminal proceedings.