One of the most popular and complex legal situations you can be involved in is a restraining order. It is a civil order issued by the court to prohibit a person (defendant) from having contact with or further abusing another (plaintiff). There are specific guidelines that you need to take note of to ensure that you comply. But what exactly should you know about restraining orders?
This article will talk about four key features of restraining orders that you need to know. In doing so, you can know more about your rights, privileges, and protocols to ensure that your case runs smoothly.
1. Know the legal definition of restraining orders
We already know what the general definition of a restraining order is, but there are specifics that you need to know. For instance, a restraining order may also be referred to as a 209A or protection order. You also have to note that its issuance is through civil court, but lawyers who have experience in both civil and criminal counts ensure that you get a comprehensive, well-informed look into your case.
You also have to remember that a restraining order needs what is called a preponderance of the evidence, which means that the judge can decide to initiate the restraining order process when the evidence or proof presented validates the likelihood that the alleged oppressor can and will harm the plaintiff again.
As such, it’s important to find the best lawyer immediately—in particular, someone who has handled different restraining order cases before. That way, you can ensure immediate legal action and your welfare through the process.
2. Take note of the 10-Day hearing
Through the restraining order process, note that there will be a 10-day hearing to allow the oppressor or defendant to talk about their side of the matter in question. One of the most important things to remember is if the restraining order is issued against you, you should never appear before the civil count alone. You need a lawyer to perform cross-examinations, present compelling counter-evidence, and request the dropping of the order against you. Find one immediately in this scenario.
3. Concern yourself with the possible restrictions
When you are presented with a restraining order, there may be certain restrictions that you need to comply with due to the complexity of your relationship with the plaintiff.
For example, you may also be issued an order to stay away from your children since the plaintiff may also have custody. You may also receive an order to immediately leave your residence since the plaintiff may be concerned about property damage.
As such, read the 209A carefully and comply with the orders immediately to clear your name and avoid dealing with the local authorities. Call your lawyer immediately and discuss the restraining order.
4. Be wary of the temporary order of protection
The temporary order of protection is a privilege granted to the victim during the 10-day hearing of the restraining order procedure. It is issued when the judge believes that the oppressor may harm the victim again, especially when they find out that the restraining order is being filed against them.
For adequate protection, it’s best to consult with a lawyer to go through your story and your immediate need for safety. Be ready with your evidence to prepare your case for the judge immediately.
Restraining orders are a complex legal issue to witness, and you need strong legal counsel to help you get through it. Take note of all the previously mentioned tips and find the best lawyer to help you today.
Are you in need of the best lawyer in Boston to help you with your restraining order? Consult with us today at The Fernandez Firm. Mr. Fernandez can offer you the legal advice you need through his expertise in both the State and Federal courts. He has also represented different clients who have faced domestic violence charges in Massachusetts. Seek our professional legal counsel today.