Massachusetts Restraining Orders

Restraining orders in Massachusetts are a common tool that is used in domestic violence situations. Where there has been a family or domestic relationship a restraining order can be granted in District court. In Massachusetts a restraining order is also commonly referred to as a 209a order.

In Massachusetts, a 209a order can be given ex parte, or where there is one party before the judge. Once a judge has found that domestic or dating relationship existed the parties, and the person seeking the order is in fear of imminent harm the judge can issue a temporary for up to ten days. Within ten days a full hearing is conducted. If the judge issues the order it may be in effect for up to one year. This is your only chance to oppose the order. If you do not appear at this hearing the order will be issued for up to one year. You have a right to have an attorney for this hearing.

If you have a firearms license and temporary order issues, you may have to turn your firearms into the police. If a temporary order is issued against you, you must appear in court and fight it. A 209a order is a civil order with criminal penalties. It can be issued for up to one year. A violation of a 209a order may result in a five thousand dollar fine as well as up to two and a half years in the house of correction. Even if there is not a violation a 209a restraining order will go on your criminal record.

Once a restraining order has been issued, it is important that the person listed upon the order understands and complies with all of the order’s terms.  For example, if the order specifies that the person does not make contact with the petitioner, the person must not make any contact what so ever.  If the person makes contact, he/she can be charged with violating a restraining order, which can result in immediate legal action.  Additionally, violating a restraining order can greatly damage any other legal proceedings the person may be involved in, such as a divorce or child custody proceeding. 

If you have a restraining order issued in your name, or if you have violated the terms of a restraining order, it is important that you consult with an experienced Boston or Massachusetts criminal defense attorney.  A criminal defense lawyer can review the terms of your restraining order and advice you of its terms.  Additionally, an attorney who is familiar with Boston or Massachusetts restraining orders can inform you of your individual rights and provide you with the legal direction you need. 

If you think that a restraining order should not have issued against you, you may have rights. If someone lied to the judge in order to get the restraining order it may be expunged from your record. Contact Boston Criminal Defense Attorney Patrick Donovan if you think this has happened to you.

Click here to see an actual restraining order.

Boston Massachusetts Restraining Orders Law Firm

Patrick T. Donovan, is a dedicated criminal defense attorney that has represented many people who have restraining orders issued in their names in Boston and throughout the state of Massachusetts.  At the Law Office of Patrick T. Donovan, we are committed to aggressively pursuing the best possible outcome for each and every one of our clients. 

A former Assistant District Attorney, Patrick Donovan is well aware of the many legal strategies both law enforcement and district attorneys will use when trying to obtain an outstanding restraining order related conviction.  Mr. Donovan uses his prior knowledge as a prosecutor to his clients’ advantage by challenging evidence submitted by state attorneys, investigating faulty law enforcement procedures, and ultimately building the strongest case possible for every single one of his clients. 

Call the Law Office of Patrick T. Donovan today for your free initial consultation at 617-479-1800.

The Law Office of Patrick T. Donovan handles cases for clients located in:  Boston,  Dorchester, West Roxbury, South Boston, East Boston, Quincy,Brighton,  Milton, Weymouth, Randolph, Braintree, Cohasset, Hingham, Hull, Rockland, Amherst, Dedham, Norwood, Cambridge, Somerville, Westwood, Needham, Wellesley, Stoughton, Brockton, Canton, Sharon, Avon, Revere, Cape Cod. Plymouth, Duxbury, Hanover.