Overview Of The Massachusetts 209 A Restraining Order Law
The standard that a Court must apply to determine whether to issue a 209 A restraining order is whether the plaintiff has been put in reasonable apprehension of imminent physical harm. In many Massachusetts court houses, there are so many requests for restraining orders that a portion of every day is dedicated to these types of hearings. In many cases, a plaintiff alleges that the defendant's actions caused him or her to become fearful.
In defending against a restraining order it is important to point out that the complainant's fears are not reasonable and/or that there is not REASONABLE apprehension of IMMINENT PHYSICAL HARM. For example, if a plaintiff is alleging that the defendant caused him or her to fear for his or her safety it is important to establish when the alleged incident occurred. If the plaintiff is alleging the defendant's conduct occurred weeks or months ago, the judge may decide that the actions were not recent enough to establish an imminent fear.
In order to apply for a restraining order in Massachusetts the defendant and the plaintiff must be married or were married to each other; must be or reside in the same household; are or were related by blood or marriage; have a child together or are or were in a "substantive dating or engagement relationship." Thus, not only are couples often at the center of restraining order hearings but a disgruntled roommate may apply for a restraining order in an attempt to oust a roommate. In these situations, an experienced Massachusetts restraining order attorney can establish that the plaintiff is not in fear of the defendant but merely wants him or her removed from the apartment.
In the event that a restraining order issues, it usually states that a defendant cannot have any direct or indirect contact with the plaintiff. In the age of electronics, this includes no text messaging, no phone calls and no e-mails. Obviously, a defendant must refrain from leaving notes, sending messages or flowers to a plaintiff even if the items are not personally delivered by him or her. Any contact, direct or indirect, is considered a violation. Thus, even a defendant's attempt to have a message delivered to a plaintiff from another individual is considered indirect contact.
Attorney Kathleen M. McCarthy has successfully prevented the extension of restraining orders in local Massachusetts courthouses including Malden District Court, Lawrence District Court and Peabody District Court. She has also represented plaintiffs in cases to ensure that the judge is aware of the relevant facts. Although a 209A restraining order is considered a civil order, an alleged violation of the order can result in criminal charges issuing against a defendant. If you find yourself on either end of a restraining order and want experience on your side, contact Massachusetts restraining order attorney Kathleen M. McCarthy and she will ensure that all relevant information is presented during the hearing. Contact Attorney McCarthy at 978-975-8060 or contact her on line and she will get to work on your case immediately.
