What is a Restraining Order (RO)? A RO is a court order that prevents an individual (Defendant) from contacting a Plaintiff (the person who requested the RO). It also prevents the Defendant from coming within a certain distance of the Plaintiff, their residence and / or workplace. The order may even prohibit the Defendant from contacting the Plaintiff's children. The court order is sought under Mass. General Laws chapter 209A.
In order for the court to issue a RO there must be a showing by the Plaintiff of an immediate threat of violence or actual violence itself. Additionally, the Plaintiff and the individual against who the RO is sought (the Defendant), must be either family (husband, wife, son, daughter), boyfriend, girlfriend, roommates or have previously been in a relationship.
Usually, a Plaintiff seeking a RO against a Defendant will come into court, fill out an affidavit, and appear before a judge without any notice of the request first going out to the Defendant. Typically, the court will grant this temporary RO. Notice of the temporary RO will be sent to the Defendant, and the case will be scheduled for a final hearing, usually within 10 days. It is imperative that the Defendant appear before the court on the date set for the final hearing.
Andover restraining order lawyer Neil F. Faigel has over 30 years of experience representing individuals on both sides of the RO process. In a recent case, Attorney Faigel represented a husband, whose wife was seeking a RO against him that would have removed him from his house and prohibited him from seeing his children. Additionally, if the RO was issued against the husband, he would have very likely lost his lucrative job.
After being hired, Attorney Faigel interviewed numerous witnesses and developed evidence that the wife was lying. After a full hearing before the court, with both sides testifying, the court found for the husband and refused to extend the original 10-day temporary RO.
If you have been falsely accused and have received a notice that a temporary 10-day RO has been issued against you by a court contact Andover restraining order attorney Neil F. Faigel immediately. If you are facing a frivolous RO then Attorney Faigel will aggressively fight to get the RO terminated. A lot of people find themselves receiving unwarranted RO's, especially those involved in divorce cases or contested custody matters. A RO can have harsh repercussions, including removal from your home or being restricted from seeing your children.
If you have received notice that a temporary, 10 - day, RO has been issued against you, please contact Attorney Faigel as soon as possible. It is imperative that you have a seasoned and experienced defense attorney to advise you as early as possible. Contact Attorney Faigel for a free consultation right away. He will ensure that you receive the best possible defense.
A violation of a RO takes place when there is any contact between the person who requested the RO (Plaintiff) and the person named in the RO (defendant). In reality, it takes very little contact or action by the defendant to violate the RO. For example, it is a violation of the RO if the Defendant walks into a restaurant where the Plaintiff is eating. It is also a violation of the RO if the Defendant leaves a voice mail on the Plaintiffs phone, or texts or emails the Plaintiff. While the RO is not a criminal process. The violation of the RO can lead to a criminal charge. If you have been charged with a criminal complaint alleging the you violated a Restraining Order contact Andover restraining order lawyer Neil F. Faigel immediately.