Restraining orders can complicate a person's life personally, financially, and legally. In Massachusetts, any blood relative, boyfriend, or girlfriend and/or roommate can apply for a 209A temporary 10-day restraining order ex parte — meaning, you could find yourself ordered out of your own home, without having an opportunity to contest the restraining order beforehand. In order to obtain a temporary restraining order, the applicant needs only to sign an affidavit at the local courthouse attesting to the fact that he or she believes to be in danger of serious, imminent bodily harm from you. Since a judge does not get to hear your side of the story, you may find yourself on the street questioning what exactly your rights are. After this disruption, however, you are entitled to a full hearing within ten days. This means that you should move quickly to retain an attorney.
Boston restraining order defense attorney David R. Yannetti and his associates represent individuals in restraining order proceedings and also defends clients who are charged with violating a restraining order.
What Happens Once A Restraining Order Is Filed Against Me?
Typically, if a judge grants a temporary restraining order, it will be in effect for 10 days. During that time, you will receive notice to vacate the premises if you share an apartment or house with the person who has filed a restraining order against you. Additionally, you will be required to avoid all contact with the person in question, which means avoiding phone calls, e-mails, letters and any physical contact with him or her. You also cannot have a third party contact that person on your behalf. You are best served by involving an attorney immediately, so that there is no misunderstanding or allegations that you somehow violated the temporary restraining order. You will then be notified to appear at a hearing to determine if a permanent restraining order is necessary.
What Happens If I Violate A Restraining Order?
If, for whatever reason, you violate a restraining order, you could be charged with a crime, held in custody, and/or be required to post bail. If you are found guilty of violating a restraining order, you could receive jail time, a fine, and a permanent criminal record.
If found guilty of a restraining order violation, you may have a permanent criminal record that could interfere with your ability to find employment, rent an apartment, or apply for loans. Additionally, if you are sentenced to time in jail, your employer may fire you. As an "at will" employee, you may have little, if any, recourse to save your job.
We Will Thoroughly Investigate Your Case
Attorney Yannetti and his colleagues may investigate the circumstances surrounding the issuance of a temporary restraining order. When necessary, he may hire private investigators to look into the background of the person requesting a restraining order, while also interviewing witnesses, gathering pertinent evidence, and exposing facts that can lead to false allegations of physical violence and requests for unnecessary restraining orders.
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Domestic abuse allegations are serious and require the defense of experienced legal counsel. Contact a lawyer online or call 617-338-6006 for a free phone consultation.