Restraining Order Lawyers

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Grounds to Challenge A False Restraining Order

Restraining orders can have a significant impact on one’s life, affecting personal relationships, family dynamics, and even career prospects. Navigating the complex legal process of obtaining or defending against a restraining order can be overwhelming, but a skilled restraining order lawyer can provide expert guidance and representation, ensuring the best possible outcome for their clients. Markey Law Partners restraining order lawyers are here to help you!

  • Unjust Issuance: If you believe the order was issued based on fraud, false, incomplete or inaccurate information, our legal team can help you present a compelling case to have it vacated.  

  • Changed Circumstances: Significant changes in circumstances since the order was issued, such as improved relationships or counseling, may warrant a reevaluation.

  • Lack of Continued Fear: If the circumstances that led to the issuance of the restraining order no longer pose a threat, you may have grounds for vacating the order.

Markey Law Partners Can Help

  1. Expertise in Massachusetts Law: Our team of experienced attorneys specializes in Massachusetts family law and understands the nuances of restraining orders in the state.

  2. Case Evaluation: We begin by thoroughly evaluating your case, understanding the circumstances that led to the restraining order, and identifying any legal grounds for vacating it.

  3. Legal Strategy Development: Crafting a compelling legal strategy is crucial. We work closely with you to develop a solid case that addresses the specific reasons why the restraining order should be vacated.

  4. Court Representation: Our attorneys are well-versed in courtroom procedures. We represent you at hearings, presenting your case persuasively and advocating for your rights.

  5. Negotiation Skills: In some cases, negotiation may be an effective way to achieve the desired outcome. Our negotiation skills aim to find common ground and reach a resolution that benefits all parties involved.

What is a Restraining Order?

A restraining order, also known as an abuse prevention order, is a legal order issued by a court to protect individuals from harassment, abuse, or threats of violence. In Massachusetts, there are different types of restraining orders, each serving a unique purpose. 

Common types include: 

209A Abuse Prevention Orders: 

These are typically sought by individuals who have been abused or fear abuse from a family or household member. They can provide protection for up to one year, and in certain cases, longer. 

258E Harassment Prevention Orders: 

These orders are designed to protect individuals from harassment that does not involve a family or household relationship. They can be obtained against someone such as a neighbor, co-worker, or acquaintance.

How Do Plaintiff's Obtain Orders?

If you have been served a protection order on you the Plaintiff went through the follow steps to obtain one:

Here’s a general guide: 

  • Visited the Appropriate Court: The Plaintiff filed the restraining order at your local district court, family court, or probate and family court, depending on the circumstances. 

  • Completed the Necessary Forms: Filled out the required paperwork, which may include a complaint, affidavit, and other supporting documents. And provided information about the incidents that led them to file a restraining order.

  • Appeared Before a Judge: The case was heard by a judge for a temporary restraining order which only lasts for 10 days.  The judge then chose a 10 day date to return to court so the Defendant being accused has an opportunity to present evidence and argue against the order. 

  • Service of Process: The Defendant whom the order is sought will be served with notice of the order and the upcoming hearing. 

  • Challenging or Modifying a Restraining Order: The Plaintiff appears & has to explain to the judge why they are in fear of their physical safety being harmed.

If you find yourself subject to a restraining order and believe it is unjust or unnecessary, you have the right to challenge it. Our website provides information on the legal steps involved in contesting or modifying a restraining order.  We understand that seeking a restraining order or trying to vacate one can be a challenging and emotionally charged process.

What happens after Filing:

After filing a restraining order, police may become involved, and court dates will be scheduled to determine the outcome of the case. Law enforcement plays a critical role in enforcing a restraining order, ensuring that the terms of the order are adhered to and taking action if there is a breach. It is imperative to report any breaches to the police so that they can take appropriate action and protect the safety of the victim and their family.

The court will arrange a court hearing where both parties can present their case, and the court will make a decision based on the evidence and testimony provided. It is important to be prepared for these hearings with all necessary documentation, evidence, and legal representation to ensure a favorable outcome for the case.

How a Restraining Order Effects Life

A restraining order can have significant impacts on family and child custody arrangements, as well as employment and career prospects. This section covers how a restraining order can affect different areas of life and the significance of seeking legal assistance to handle these challenges.

Expertise in Domestic Violence Cases

At Markey Law Partners, we understand the emotional toll that legal matters can take. We provide compassionate support throughout the vacating process, keeping you informed and empowered every step of the way. Restraining order lawyers with experience in domestic violence cases can offer invaluable insight and direction to those seeking protection orders. They are well-versed in the legal process and can provide specialized guidance and representation to ensure the safety of victims. Their expertise in domestic violence cases allows them to understand the unique challenges and complexities of these cases, making them better equipped to handle such situations.

Besides their understanding of domestic violence laws, our restraining order lawyers also handle cases involving:

  • stalking

  • assault

  • battery

  • other forms of abuse

This specialized knowledge and experience enable them to craft effective strategies and provide strong advocacy for their clients, whether they are challenging a false restraining order or seeking protection from an abuser.

Compassion and Support

At Markey Law Partners, we understand the emotional toll that legal matters can take. We provide compassionate support throughout the vacating process, keeping you informed and empowered every step of the way.

Contact Us for a Free Consultation:

If you are considering vacating a restraining order, don’t navigate this complex process alone. Schedule a consultation with Markey Law Partners to discuss your case, understand your options, and take the first steps towards reclaiming control over your life. 

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