A restraining order is a protective order with which a person may request protection from a family member or household member whom a victim considers abusive or dangerous.
A restraining order can be obtained based on one of the following:
A family member or household member is defined as:
A harassment prevention order is a protective order that allows a victim to obtain legal protection from a specific person who does not meet the criteria for a family member or household member as required to obtain a restraining order (i.e., co-worker, neighbor, his/her significant other's ex or a complete stranger).
A harassment prevention order can be obtained based on one of the following:
Protective orders can be filed and issued without your presence, but you will have the ability to defend yourself at a hearing before a judge within 10 days of the order issuing. This is a make-or-break hearing: the judge will determine whether the protective order should be extended and has the power to extend it for up to one year. It is essential to have a Quincy criminal defense lawyer on your side.
If you do not show up to the hearing and the person seeking the order does, the order will almost always be extended for a year. Being represented by counsel at these types of hearings is imperative, especially when the person seeking the order is claiming you abused him/her in some way. You do not want to make any statements at the hearing that could be used against you at a later criminal proceeding.
Even if the victim reaches out to you, you can still be arrested on violation of a protective order if you have contact. The law leaves no room for the discretion of police officers. You will be arrested and charged with a criminal violation of the restraining order and may end up in jail. The victim can go to court at any time and ask that the restraining order be vacated. That must be done by the victim in court, or else the terms of the restraining order remain in effect.
Please contact us online or call us at (617) 300-0212 for a free, confidential consultation with one of our attorneys. It is critical that you act quickly before your hearing date. We are responsive to most requests 24/7, but preparation in advance will be a great advantage to your case. We proudly serve Quincy, Canton, and the surrounding areas.
We offer fixed and hourly billing rates, and we accept all major credit cards.