Restraining Orders

Danvers Restraining Order Lawyers

Restraining orders are significant legal tools designed to protect individuals from harassment, violence, or threats. In Massachusetts family law, these court orders can be essential for ensuring the safety and wellbeing of affected parties, especially in domestic situations.

Anyone who has experienced harassment, domestic violence, or fear of imminent harm can seek a family court restraining order. This includes spouses, former spouses, dating partners, and family members. To qualify for protection, you must demonstrate a reasonable fear for your safety due to the other person’s actions.

At Broderick & Mastrapasqua, LLC, our experienced legal team can help you seek the legal protections you need by securing a restraining order or enforcing one. Conversely, we can represent you in defense against false accusations of domestic abuse in restraining order court hearings. Our capable trial lawyers share 20 years of combined legal experience successfully resolving family law disputes in Danvers, Essex County, the North Shore, and greater Boston.

Call Broderick & Mastrapasqua, LLC at (978) 721-8861 for a free initial consultation with a Danvers restraining order attorney. You can also email us using our online contact form.

The Abuse Prevention Act in Massachusetts

The Abuse Prevention Act in Massachusetts, codified under Chapter 209A of the Massachusetts General Laws, is legislation designed to protect individuals from domestic violence and abuse. 

The Act defines abuse as the occurrence of one or more of the following between family or household members:

  • Attempting to cause or causing physical harm.
  • Placing another in fear of imminent serious physical harm.
  • Causing another to engage involuntarily in sexual relations by force, threat, or coercion.

The Act provides a legal process for abuse victims to secure legal protection through restraining orders, also known as 209A protective orders.

Obtaining a Restraining Order

You can file a complaint for protection from abuse at a local court. This process typically begins with seeking a temporary restraining order (TRO), which can be granted quickly and is enforceable immediately. 

A full hearing may be scheduled within 10 days to determine the necessity of a long-term order. During this hearing, both parties can present evidence and witness testimonies, after which the judge will decide whether to issue a permanent restraining order.

What Does a Restraining Order Do?

Restraining orders may contain many conditions tailored to the circumstances to ensure the safety of the protected party.

These conditions can include: 

  • No contact: The defendant is prohibited from contacting the protected party in any form, including phone calls, texts, emails, or in-person interactions.
  • No abuse or harassment: The defendant must refrain from any form of abusive behavior, harassment, or threats toward the protected party.
  • Stay away orders: The defendant may be ordered to stay a specified distance away from the protected party’s home, workplace, or any location frequented by the protected party.
  • Surrender of firearms: The defendant may be required to relinquish any firearms or weapons to law enforcement and may be prohibited from obtaining new firearms during the duration of the order.
  • Counseling or treatment: The court may mandate that the defendant attend counseling, anger management programs, or other treatment services aimed at addressing underlying issues related to the abuse.
  • Temporary custody of children: If children are involved, the court may issue temporary custody provisions outlining visitation rights or prohibiting the defendant’s contact with the children.
  • Possession of shared residence: The order might grant the protected party exclusive temporary possession of the shared residence, allowing the defendant to be removed from the home.
  • Other specific conditions: Courts may implement additional conditions tailored to the case’s individual circumstances, including restrictions on financial transactions or shared accounts. 

Violating a restraining order is a criminal offense and can result in arrest and prosecution. Law enforcement agencies assist in enforcing these orders to keep abuse victims and their children safe from harm or threats of harm. 

How Long Do Restraining Orders Last?

The duration of a restraining order in Massachusetts can vary based on its type. Temporary restraining orders are generally in place until a hearing occurs, usually within a few weeks. 

Permanent restraining orders can last for a period determined by the court, often up to a year or more, depending on the circumstances of the case and any prior violations. These orders can be extended permanently when they expire. Extensions can be issued even if you have not sustained new abusive actions. 

Can Restraining Orders Be Changed?

A restraining order can be modified or terminated under specific circumstances. Either party can petition the court to change the terms of the order if they can demonstrate a significant change in circumstances. Additionally, if the individual protected by the order believes that the reasons for it have changed, they can also seek to have the order lifted. 

Put a Trusted Family Law Team on Your Side

Whether you need to seek a protective order to ensure your safety or contest an order issued against you, you can work directly one-on-one with one of our experienced attorneys at Broderick & Mastrapasqua, LLC. We listen to your needs and concerns and offer customized legal strategies for your unique situation. 

As legal professionals, we are committed to safeguarding your rights and guiding you through the complexities of the legal system with diligence and care. We have earned the trust of countless individuals in resolving family law issues. 

Discuss your case with a Danvers restraining order lawyer in a complimentary consultation by contacting us at (978) 721-8861.

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