Getting served with a false restraining order feels both scary and unfair. Scary because Boston courts take these orders seriously, so you need to act quickly. Yet also unfair, especially when you know it is undeserved.
Here’s how to protect yourself and fight back the right way.
What you’re up against
Massachusetts courts issue restraining orders based on claims of abuse from partners, family members or people you live with. These are called 209A orders. They can ban you from contacting someone, kick you out of your home and stop you from having guns. Even if the claims are lies, the order works right away.
Collect your proof
Start gathering evidence that shows your side of the story. You’ll want to save several types of proof. Among these are:
- Text messages and emails between you and the other person
- Social media posts that contradict their claims
- Photos or videos that help your case
- Names and contact info for witnesses
- Any documents that back up your story
Don’t try to contact the person who filed against you, even to defend yourself. This could get you in more trouble and hurt your case.
Get ready for court
You’ll get a court date within 10 business days to fight the order. This is your best chance to tell your side. Show up early and dress like you’re going to a job interview. Bring all your evidence in a folder so you can find it quickly.
Speak clearly and stick to the facts. Don’t get emotional or angry, even if the other person lies. The judge wants to hear what really happened, not how you feel about it.
Think about getting legal advice
A good lawyer who knows Boston courts can make a huge difference. They know how to present evidence, ask the right questions and follow all the court rules. This matters even more if the order could affect your job, kids or legal status in the country.
What happens next
You must follow whatever the judge decides, even if you don’t like it. If the judge throws out the order, you can work on clearing your record. If the order stays in place, you might be able to appeal or ask for changes later.
Keep copies of all court papers and follow the rules exactly. Breaking any part of the order can land you in jail.
Moving on
Dealing with a false restraining order is one of the worst things that can happen to you. However, if you stay calm, get your facts together and follow the legal process, you can protect your rights and your future. Remember that this situation won’t last forever, and you have the right to defend yourself in court.