Contact Top-rated Law Firm to File or Fight a Restraining Order in Bristol, Norfolk, & Plymouth Counties, Massachusetts
Restraining orders, also known as protective orders, are a legal tool to safeguard individuals from threats, harassment, stalking, or abuse. Located in Massachusetts and serving Bristol, Norfolk, and Plymouth Counties, our law firm is familiar with the complexities of both civil and criminal restraining orders. We'll guide you through the process, whether you need to file a restraining order or are facing one yourself. Our expertise covers a wide range of situations, from domestic violence to workplace conflicts.
Our approach begins with a thorough assessment of your situation. We'll examine the grounds for the restraining order, gather relevant evidence, and evaluate the credibility of all parties involved. In Massachusetts, civil restraining orders (209A orders) are typically issued in cases of domestic abuse, while criminal restraining orders often stem from allegations of stalking or harassment. We'll explain how these differ in terms of burden of proof, duration, and potential consequences.
Should your case proceed to court, we're prepared to provide vigorous representation. This might involve cross-examining witnesses, presenting compelling evidence, or negotiating with opposing counsel. We're adept at handling emergency ex parte orders, as well as the subsequent hearings that determine whether a temporary order should be extended.
Contact us today for more details.
Types of Restraining Orders in Massachusetts
In Massachusetts, two primary types of court orders are issued to protect individuals from harassment, abuse, and other harmful behaviors - the 209A Abuse Prevention Order and the 258E Harassment Prevention Order. The 209A order specifically addresses domestic violence situations, protecting individuals from family or household members.
Conversely, the 258E order offers protection against harassment from anyone, regardless of relationship status. Each serves a distinct purpose within the legal framework, providing tailored protection based on the nature of the threat.
Legal Requirements for Each Type
For a 209A order, the plaintiff must demonstrate a familial or intimate relationship with the defendant and provide evidence of abuse, which includes causing physical harm, attempting to cause physical harm, placing the plaintiff in fear of imminent serious physical harm, or causing the plaintiff to engage involuntarily in sexual relations by force, threat, or duress.
The 258E order requires proof of three or more acts of willful and malicious conduct aimed at a specific person that seriously alarms or annoys them and would cause a reasonable person to suffer substantial emotional distress.
Temporary vs. Permanent Orders
Temporary restraining orders, or ex parte orders, can be issued without the defendant present, providing immediate protection for up to 10 business days. These are granted based on the plaintiff's sworn statement and any evidence presented. Permanent orders, which can last up to one year for 209A orders or up to three years for 258E orders, require a full hearing where both parties can present evidence and testimony before a judge makes a final determination.
CLIENT TESTIMONIALS
The Process of Obtaining a Restraining Order
Filing a Petition
To begin the process, the victim must file a petition with the court, detailing the events that led to the need for protection. This petition is usually accompanied by evidence of the threat or abuse, such as text messages, emails, photos, or witness testimony.
Court Hearing
Once the petition is filed, the court will schedule a hearing. In urgent cases, a temporary restraining order (TRO) may be issued immediately, providing short-term protection until the hearing. At the hearing, both the petitioner (victim) and the respondent (alleged abuser) will have the opportunity to present their case.
Issuance of the Order
After hearing the evidence, the court may issue a permanent restraining order if the judge finds sufficient grounds for protection. If a criminal restraining order is involved, the court may issue the order as part of the criminal proceedings.
Enforcement
Once a restraining order is issued, it is legally binding. Violating a restraining order can lead to severe consequences, including arrest, fines, or imprisonment. Law enforcement agencies are responsible for enforcing the order and ensuring the safety of the victim.
Our Approach to Securing Your Protection
At our firm, we are committed to providing comprehensive legal services for those seeking a restraining order. Whether you need help filing a petition for a civil restraining order or navigating the complexities of a criminal case, our experienced attorneys are here to guide you through every step of the process. Here’s how we can help:
- Assessing Your Case: We begin by reviewing the details of your case to determine whether a restraining order is appropriate. Our team will assess the severity of the threat or harassment, gather supporting evidence, and determine the best legal strategy for obtaining a restraining order.
- Filing the Petition: We handle all aspects of filing the restraining order petition, ensuring that all necessary paperwork is completed accurately and submitted on time. We also help gather supporting evidence, such as witness statements, photos, and any other documentation that strengthens your case.
- Representing You in Court: We will represent you at all court hearings related to your restraining order request. Our attorneys will argue on your behalf, present compelling evidence, and work to convince the court to grant a permanent restraining order.
- Enforcing the Order: Once the order is in place, we will work to ensure that it is properly enforced. If the respondent violates the order, we can help take the necessary legal steps to hold them accountable and protect your safety.
We Are Here to Safeguard Your Well-being
We will guide you through evidence collection, court appearances, and all other formalities. Our team can negotiate modified orders that protect your interests while minimizing disruption to your life. Attorney Michael P. Carroll looks for inconsistencies in the accuser's claims with a fine-tooth comb, ensuring that all aspects of the case are thoroughly examined. Our firm's expertise extends to handling complex jurisdictional issues when restraining orders cross state lines or involve multiple locations. We also offer guidance in gathering witness statements and expert testimony, if necessary, to strengthen your case.
Remember, swift action is of paramount importance in these cases. The sooner we get involved, the better we can ensure your safety and secure the protection you deserve. Contact us today for more information and to schedule a consultation.
We Are Here to Safeguard Your Well-being
We will guide you through evidence collection, court appearances, and all other formalities. Our team can negotiate modified orders that protect your interests while minimizing disruption to your life. Attorney Michael P. Carroll looks for inconsistencies in the accuser's claims with a fine-tooth comb. Our firm's expertise extends to handling complex jurisdictional issues when restraining orders cross state lines.
Remember, swift action is of paramount importance in these cases.
Contact us today for more information.
FREQUENTLY ASKED QUESTIONS
How quickly can I get a restraining order, and what does the process involve?
A temporary restraining order can be issued the same day you file if a judge determines there’s an immediate threat. This typically happens through an ex parte hearing, where only you present your side. Within 10 business days, a full hearing is scheduled where the other party can respond. The Law Office of Michael P Carroll PC helps clients prepare compelling evidence, witness statements, and legal arguments to support their case at both stages. Navigating the court system can be emotionally overwhelming; having a focused legal strategy improves your chances of protection being granted and extended.
What evidence do I need to present to get a restraining order?
Courts don’t just take your word at face value—they need credible evidence to grant a restraining order. This includes text messages, emails, social media posts, voicemails, photographs, medical records, police reports, or eyewitness testimony. Many clients overlook valuable pieces of documentation or struggle to organize them effectively. Michael P Carroll assists clients in gathering and presenting evidence that meets legal standards and clearly demonstrates a pattern of abuse or harassment. Proper documentation not only strengthens your request—it also prepares you for any potential legal pushback during the hearing.
Can I file for a restraining order even if the person hasn’t physically harmed me?
Yes, physical violence is not a requirement for a restraining order. Courts also consider threats, intimidation, stalking, emotional abuse, and harassment as valid reasons—especially if they cause fear for your safety. Many clients mistakenly believe they must wait until something physical occurs, but preventative action is both possible and legally supported. Michael P Carroll helps you articulate the psychological impact and pattern of behavior in legal terms, which the court takes seriously even in the absence of visible harm. The earlier you act, the stronger your legal position may be.
What happens if the person violates the restraining order?
Violating a restraining order is a criminal offense in Massachusetts, and the violator can be arrested and prosecuted. If this happens, you should contact police immediately and notify your attorney. The Law Office of Michael P Carroll PC helps clients document the violation, report it effectively, and pursue further legal remedies such as modifying the order, extending its duration, or initiating contempt charges. Many victims are unsure about how to respond to breaches—quick legal action ensures your safety is prioritized and that violators are held accountable under the law.
What are the risks of filing a restraining order without an attorney?
Filing on your own may seem straightforward, but legal missteps can weaken your case or lead to dismissal. Without legal help, many people struggle with incomplete paperwork, weak evidence presentation, or ineffective testimony. Judges must follow strict legal criteria, and emotional appeals alone may not be enough. Michael P Carroll brings both legal precision and courtroom experience to your side, ensuring your voice is heard in the way that most effectively meets the law’s requirements. A single error could jeopardize your safety, so professional legal support is strongly advised.
How does a restraining order affect child custody or divorce proceedings?
Restraining orders often intersect with family law matters, especially when children are involved. A 209A order can include provisions like temporary custody, visitation restrictions, or exclusive use of the family home. However, courts balance protective measures with parental rights, which can create complex dynamics. Michael P Carroll has deep experience navigating these legal overlaps and ensures restraining orders are used to enhance safety without unintentionally harming your long-term custody goals. Each case is unique, so legal strategy must account for both immediate protection and future family law implications.
What if someone falsely files a restraining order against me?
False accusations can be damaging to your reputation, job, and relationships. If you're served with a restraining order you believe is unjust, it's critical to respond immediately and properly at the hearing. Attorney Michael P Carroll defends clients facing false or exaggerated claims by challenging weak evidence, cross-examining witnesses, and presenting context or contradictory evidence. Courts take misuse of restraining orders seriously, and a strong legal defense can not only defeat the order but also lay the groundwork for seeking legal recourse against malicious filings.
Can I modify or terminate an existing restraining order?
Yes, either party can request that the court modify, extend, or terminate a restraining order. Circumstances may change—for example, threats may resume, or parties may wish to reconcile. Attorney Carroll guides clients through the process of requesting a hearing to make changes to an order. Whether you're seeking to strengthen your protections or demonstrate that the order is no longer necessary, a judge will require evidence and valid reasoning. Modifying an order improperly can backfire, so experienced legal counsel ensures the motion is properly framed and justified.
How long does a restraining order last in Massachusetts?
A temporary order lasts until the full court hearing—usually 10 business days. If the order is extended, it can last up to one year, with the possibility of further extension upon request. Some orders can even become permanent if the court finds continuing risk. Michael P Carroll advises clients on when and how to pursue an extension, especially when threats persist or escalate. Renewal requires a separate hearing and evidence of ongoing danger, so it’s important to start preparing well before the expiration date to avoid any gaps in protection.
What if the abuser lives in another state—can I still get a restraining order?
Yes, Massachusetts courts can issue a restraining order even if the abuser resides out of state. Under federal law, restraining orders are enforceable nationwide, including those issued in Massachusetts. However, interstate cases often involve additional legal nuances like jurisdictional challenges and out-of-state service of process. Michael P Carroll has experience navigating these complexities and ensures your restraining order is legally sound and enforceable across state lines. If you're unsure whether your case qualifies for Massachusetts jurisdiction, a legal consultation is the best next step.