How will a restraining order impact my life?
In Massachusetts, a restraining order is a court order that aims to protect a person from physical harm or harassment. These court orders can have significant implications on the named individual’s life, affecting everything from personal relationships to employment. This article explores how a restraining order can impact various aspects of your life under Massachusetts law.
#1: How will a restraining order impact my criminal record?
A restraining order itself does not constitute a criminal offense and therefore, does not appear on your criminal record. However, violating a restraining order is a criminal offense and can lead to criminal charges, which will impact your record.
#2: How will a restraining order impact my employment and future job prospects?
The existence of a restraining order can influence your current employment and future job opportunities in the following ways:
- Employment policies: Some employers have policies that could make having an active restraining order grounds for termination, especially if your role involves security responsibilities or working with vulnerable populations.
- Job applications: While you are generally not required to disclose the existence of a restraining order on most job applications, you may need to disclose a violation that leads to a criminal record when asked about your criminal history.
Gaps in employment can pose issues in the future as well as an employer may have questions about why you were unable to find employment during that period.
#3: How does a restraining order affect custody and divorce proceedings?
A restraining order can affect custody and divorce proceedings by highlighting concerns about a person’s behavior and suitability as a parent. This could play out as follows:
- Custody evaluations: Courts consider the safety and well-being of children paramount. A restraining order can influence a judge’s decision regarding custody and visitation rights.
- Divorce negotiations: The presence of a restraining order might impact divorce negotiations, potentially influencing settlements related to alimony and marital asset division.
Because of these serious ramifications, it is important that anyone who receives notification of a restraining order take the matter seriously and consider legal action to challenge the order.
#4: What should I do if the petitioner contacts me?
Although it is important to note that exact course of action depends on the details of the situation, in many cases the following tips apply if you are contacted by the person who filed the restraining order:
- Do not respond: Engaging with the petitioner can be viewed as a violation of the restraining order, even if they initiated the contact. It is important to remain in compliance with the order to avoid the potential for criminal charges.
- Document the interaction: Keep a record of any attempts by the petitioner to contact you, as this documentation can be important if legal issues arise regarding the order.
- Consult legal advice: Consider consulting a lawyer to discuss the best course of action, particularly if the contact might affect the terms of the restraining order or involve legal nuances that need expert interpretation.
Remember, in Massachusetts only the court who issued the restraining order can change the terms, not the individual who made the request.
Navigating the complexities of a restraining order in Massachusetts can be challenging, especially considering its potential impact on your personal and professional life. It is crucial to understand the legal implications, adhere strictly to the terms of the order, and seek professional legal advice to manage the situation.
