Restraining Orders in Massachusetts What You Need to Know
Restraining orders also known as 209A Abuse Prevention Orders can have immediate and life altering consequences. Whether you are seeking protection or defending yourself against false or exaggerated allegations the outcome of a restraining order case can affect your freedom your family your firearms rights and your future.
We understand that restraining order cases are deeply personal and emotionally charged. These situations often involve fear stress family conflict and uncertainty. No matter which side you are on you deserve to be heard treated with respect and guided by an attorney who understands both the legal process and the human impact involved. We are here to help you through every step.
A restraining order is not automatic and it is not permanent. With the right legal strategy these cases can be challenged dismissed or successfully obtained when protection is truly needed.
At Martinese Law we handle restraining order cases aggressively and strategically representing both petitioners and defendants throughout Massachusetts courts.
If you are experiencing abuse harassment threats or intimidation Massachusetts law allows you to seek immediate court protection. We help clients present strong credible cases to ensure the court understands the urgency and seriousness of the situation.
Establishing Abuse Under Massachusetts Law
To obtain a 209A order you must show physical harm or attempted harm a reasonable fear of imminent serious physical harm or forced sexual relations.
We help organize evidence prepare testimony and clearly present the facts so the judge understands why protection is necessary.
Preparing for the Initial Court Hearing
Temporary restraining orders are often issued without the other party present. What you say at this first hearing matters. Inconsistent or incomplete statements can weaken your case at the follow up hearing.
We prepare you in advance so your account is clear consistent and legally sufficient.
Securing a Long Term Restraining Order
A temporary order typically lasts up to ten days. To extend it you must appear in court and testify. We present evidence question witnesses and argue for continuation of the order when protection is justified.
Being served with a restraining order can be overwhelming. Orders are often issued based solely on one sided allegations without evidence and without your input. Allegations alone are not proof.
We aggressively defend individuals who have been falsely accused or unfairly targeted in restraining order proceedings.
Challenging the Allegations
Restraining orders are frequently misused during divorce or custody disputes breakups housing conflicts or as a form of retaliation.
We expose exaggerations inconsistencies and ulterior motives through careful cross examination and evidence presentation.
Holding the Petitioner to the Legal Standard
The petitioner must prove abuse as defined by Massachusetts law. Fear by itself is not enough. We challenge whether the allegations meet the legal threshold and argue for dismissal when they do not.
Protecting Your Rights and Your Record
A restraining order can force you out of your home restrict contact with your children require surrender of firearms and appear on background checks.
We fight to prevent long term consequences and protect your constitutional rights at every stage.
Restraining order cases move quickly and mistakes can have lasting consequences. Whether you are seeking protection or defending yourself experienced legal representation matters.
At Martinese Law we do not just respond. We take control of the courtroom prepare every case for hearing and fight relentlessly for our clients.
Facing a Restraining Order? Call Us Today
Do not leave your safety or your future to chance. Contact us for a confidential consultation and let us begin protecting your rights immediately.
Call 617 655 2994
Serving Boston and all of Massachusetts
If you need legal representation, don't hesitate to contact Martinese Law today. Martinese Law offers free initial consultations and is available to answer any questions you may have about your legal matter.
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