In Massachusetts, there are two types of restraining orders: abuse prevention orders and harassment prevention orders. Both types of orders are civil proceedings and are different than criminal charges in two major ways: first, the plaintiff is a person, not the police or a prosecutor, who seeks the order against another person (called the defendant); and second, the plaintiff only has to prove their case by a preponderance of the evidence, which is a much lower standard than in a criminal case. Both the plaintiff and the defendant are entitled to be represented by an attorney. Despite the fact that restraining orders are civil matters, restraining orders can have serious ramifications, so having a skilled attorney like Attorney Robert S.C. Meltzer on your side gives you your best chance at success.

A restraining order can first be issued by the judge without the defendant even being present in court. These initial orders carry the full force of the order even though the defendant did not get a chance to be heard. However, they are only valid for ten business days, at which time the plaintiff must come back to court after the defendant is served with the order and is given a chance to be heard. At the extension hearing, the judge will hear from both sides and decide whether to extend the restraining order. The judge can initially extend the order for up to one year, but later on the judge can impose longer periods of time or even declare that the restraining order remain in effect for life. Because a defendant is not given much notice of the full hearing, it is important to contact an attorney right away in order to best prepare.

Differences Between Abuse and Harassment Prevention Orders:

In order to receive an abuse prevention order, the plaintiff and the defendant must be either married, living together, in a substantive dating relationship, related by blood or marriage, or have a child in common. The plaintiff is required to prove that they suffered abuse from the defendant, which means that the defendant either harmed or attempted to physically harm the plaintiff, put the plaintiff in fear of imminent serious physical harm, or caused the plaintiff to engage in involuntary sexual relations by using force, threats, or duress. The plaintiff only needs to prove that one incident of abuse occurred.

With a harassment prevention order, there is no requirement that the plaintiff and defendant even know each other. The plaintiff must prove, however, that they are suffering from harassment from the defendant, who committed three or more acts that are willful with the intent to cause fear, intimidation, abuse, or damage to property, which in fact do cause fear, intimidation, abuse, or damage to property. Alternatively, the plaintiff can obtain a harassment prevention order if they prove that the defendant committed one incident of causing the plaintiff to involuntarily engage in sexual relations by using force, threats, or duress, or if the defendant does an act that constitutes an incident assault and battery, rape, statutory rape, assault with intent to commit rape, enticing a child, criminal stalking, criminal harassment, or drugging for sexual intercourse.

For Plaintiffs:

Going to court can be a stressful and terrifying experience for anyone, but especially for a plaintiff on a restraining order who has to face their abuser. Attorney Meltzer will ensure that all of your questions are answered and your concerns alleviated before you enter the courtroom, that you are fully prepared for the hearing, and that your case is presented thoroughly and persuasively to the judge.

For Defendants:

In many cases, the plaintiff will attempt to prove their case to the judge based only on their testimony and their written affidavit describing why they are seeking the restraining order. Having a skilled attorney like Attorney Meltzer on your side can be valuable for many reasons, including helping to prepare for the hearing, cross-examining any witnesses that the other side may call, thoroughly researching whether there is even a legal basis for the plaintiff’s request for a restraining order, and persuasively arguing to the judge why the order should or should not be issued or extended.

For defendants of restraining orders, there are significant ramifications if either type of order is issued against you. An abuse prevention order requires that your license to carry or firearms identification card be suspended and that you turn over your firearms to the police. You may be required to leave your house, to not contact your significant other, family members, and/or children, and to stay away from particular places. Both types of orders will show up on your criminal record, which could have adverse consequences in the future. Significantly, a violation of a civil restraining order is considered a criminal offense and you can face up to two and one-half years in jail, additional entries on your record, and the stigma and stress of being charged with a crime. Where restraining orders can be extended for years on end by a judge, it is important to have a thorough and relentless lawyer like Attorney Meltzer to fight for you.

Whether you are a plaintiff or a defendant in either an abuse prevention order or a harassment prevention order, contact the Law Office of Robert S.C. Meltzer today for a free consultation.