How to Fight a Restraining Order in Massachusetts

When dealing with a restraining order, there are a lot of moving parts involved

Being served with a restraining order can be one of the most shocking and traumatic events in a person’s life. The reason this legal action is so surprising is because many people have no idea that it is coming. Under the system of laws in Massachusetts, specifically Massachusetts General Laws Chapter 209A, a plaintiff can go to a courthouse in the town where they live, or even a courthouse in a town where they moved to, and apply for a restraining order without any notice whatsoever to the defendant. This application is typically done during court business hours, but there are also Provisions to apply for a restraining order by telephone to a judge 24 hours a day, 7 days a week. This system is set up to make it as easy as possible for a person to obtain a restraining order.

In situations of actual abuse, it is a good thing that restraining orders are not hard to obtain. However, the problem becomes that many plaintiffs abuse the restraining order process in order to gain a tactical advantage in a relationship, in a divorce, or in a situation regarding custody of children. When this happens, it is an absolutely devastating moment to have police arrive at your door and tell you that you must vacate the home in which you may have resided for many years, paid a majority of the bills, and felt safe in. But the reality is that by a process known as an ex parte hearing, the plaintiff is always going to be in a more advantageous position when it comes to these restraining orders.

A defendant’s first opportunity to challenge this order is at what is known as the two-party hearing. This hearing is generally 7 to 10 days after the initial order is issued. This means that defendants face some unique challenges. First, they don’t have a lot of time to hire and interview an attorney, because some defendants don’t even get seven days before they must appear at the two-party hearing. There is no rule as to the minimum amount of notice. Rakhlin Law has occasionally represented defendants with hearings the day after they receive notice. By the same token, if a defendant actually has seven or 10 days before the hearing, there are still logistical problems for them as they are immediately and surprisingly thrown out of their home and have no access to important documents and possibly funds  for their defense.

If you are faced with defending yourself from a restraining order then you need to hire an experienced and intelligent defense attorney right away to assist you in crafting a thoughtful and cogent defense that will convince the judge that the restraining order sought against you is not supported by a preponderance of the evidence, and should be denied. As soon as you are served with a restraining order, please call Rakhlin Law at 617-564-0466 for a free consultation about your case.