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Restraining Orders

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Restraining Orders

Restraining orders are civil orders issued by the court which prohibit a person from having contact with or abusing the person seeking the restraining order, this includes indirect contact through others. Restraining orders can be obtained at anytime; a complainant must show that they are in fear of immediate physical harm. Many people charged with domestic assault and battery also face a restraining order hearing in front of a judge. A judge will listen to both sides under oath and decide whether there is an immediate fear of physical harm that exists. Allegations of a recent assault or threats made are enough to obtain a restraining order which can be issued for up to one year.

After an arrest for assault and battery, a defendant appears in court the next day and may face a restraining order hearing. A judge has the power to order that the defendant remain out of the home and away from the children and spouse for up to one year. It is important to have legal representation at these hearings you must be very careful of what you say, your testimony is under oath and usually recorded and can be used against you in any future criminal proceedings. At times it is best to remain silent and have a lawyer explain to the judge your concerns as to the terms of the order. Many people find themselves ordered to stay out of the family home and away from their children for a long period of time without being able to communicate with their spouse or children.

Terms of a restraining order can be modified in probate court. A probate judge may allow for visitation rights with children and may set up different terms than were issued at a previous restraining order hearing.

A restraining order is a civil order that will only enter the criminal arena if it is violated. A violation of a restraining order is treated as a criminal offense and can lead to a new charge. A spouse who was arrested and charged based on the allegations of another can find themselves out on the street and ordered not to have communication with the family. You need to speak to an experienced criminal defense attorney who can help guide you through these difficult circumstances and make sure that your rights are protected.

Frank Fernandez has represented clients facing domestic violence charges and restraining orders throughout all of Massachusetts, he has been successful in having restraining orders not issue against his clients and making sure that his client’s rights are always protected. If you are facing domestic assault charges or a restraining order hearing in Boston or anywhere in Massachusetts contact our office for a free confidential consultation regarding your case.

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Thank you Frank Fernandez for your help with my case. You were very patient and knowledgable. Will certainly be recommending him to anyone in need.
Katherine Stevens
Katherine Stevens
12:25 25 Jun 19
Probably one of the best lawyers in the area. He’s considering all the nuances of a case and It’s clearly seen he’s fighting for the best possible result. Some people thing a success is a matter of luck, but i know it’s a result of patience and hard work that Mr Fernandez does provide by his job.
Russell Glaz
Russell Glaz
16:27 15 Feb 19
If you find yourself needing a lawyer, Frank is your guy. Right from the very first phone call (which he answered, not a call center) he made me feel comfortable and gave me great advice. He was very professional, did a great job explaining everything to me, and really listened to what I had to say (which helped me calm down in a stressful situation). Very happy I chose to work with Frank, he made a tough situation the easiest it could be. Also - added bonus for some - he's fluent in Spanish! Thanks again Frank.
Meg Gaff
Meg Gaff
19:46 17 Dec 18
I would 100% recommend The Fernandez Firm to anyone looking for a Boston lawyer. Frank is kind and patient, really making things go smoothly when you need them to most. Thanks to The Fernandez Firm for all your help, i highly recommend your services.
Evan Matthews
Evan Matthews
16:55 13 Jul 18
I needed a criminal lawyer here in Boston, and needed one quickly. After doing something stupid that would have costed me my scholarship, I called The Fernandez Firm and got legal advice from Mr. Fernandez. I was so worried at first but after talking to Mr. Fernandez I felt so much better and knew it could be dealt with properly. Thanks for taking the time to figure out my case exactly.
Alex Dueckson
Alex Dueckson
21:41 10 Jul 18
I needed discretion and someone professional to take care of things quickly and quietly. Attorney Frank Fernandez did exactly that. Thanks for taking my case and helping me get my life back.
Evelyne Ivy
Evelyne Ivy
01:31 03 Jun 18
What a relief. That's all I have to say! Almost speechless with how happy I am that Frank Fernandez is the boston lawyer that I ended up calling. I was in a jam, googled for a lawyer and up came Frank Fernandez. Right away I knew I had made the right decision. He is such a friendly and personable guy, he really put me at ease with everything that was going on. I will certainly be returning to Frank for any legal needs I have. And even more so recommend him to anyone in Boston who needs a lawyer. Thanks again Frank Fernandez, I owe you big time.
Tricia Kendall
Tricia Kendall
21:56 02 Jun 18
Oh my God, how and where do I start from?Infact Attorney Frank Fernandez is just an amazing human being, strictly professional with a lot of sympathy for me as his Client.He gave me his cell phone number before even accepting to take the case. He spoke to me in a very pleasant manner and took care of my case within hours. His Fees was the lowest that I was quoted and after resolving my case he returned my unused balance of funds back to me.I sincerely thank and appreciate God for leading me to such a wonderful kind hearted Attorney like Barrister Fernandez.Thanks so much Sir, I really really really appreciate all your help, God bless you sir.My prayers for you is that God will send you plenty of cases and good & adequate help to keep you flying high in your profession.Remain blessed Sir, I appreciate you.
martin o
martin o
17:57 21 May 18

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Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

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Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.