Restraining Orders

Worcester, Massachusetts Restraining Order Attorneys

In Massachusetts, if you violate a restraining order, you will be arrested, charged, and held in custody until you can post bail. Depending on specifics of your case, you will be required to attend a hearing to determine if a permanent restraining order against you is necessary. If found guilty, you could be sentenced to jail, fined, and left with a permanent criminal record that could impact your ability to find a job, lease an apartment, or qualify for certain kinds of professional licenses. Additionally, if you are divorced and have children, your custody or visitation rights could be impacted as well. At Revelli & Revelli, our attorneys defend people accused of violating a restraining order as well as those facing a permanent restraining order.

If you've already had a 209A temporary restraining order issued against you and are facing a permanent restraining order or allegations of violating a restraining order, contact criminal defense attorneys at Revelli & Revelli to schedule a free consultation.

How Restraining Orders are Filed

Part of the problem with defending yourself against a restraining order is the relative ease with which they are granted. In the state of Massachusetts, if someone believes you pose a threat to them, they can sign an affidavit at their local court house to that effect. The court will issue a 209A temporary restraining order good for 10 days. When the affidavit is approved, you do not have to be present, you can't present counter-evidence or challenge the order, and you can't appeal the decision to grant it.

After 10 days, a hearing will be held to determine if the restraining order should be extended or made permanent. At this hearing, you are allowed to challenge the restraining order, call witnesses, and present evidence in your favor. Our attorneys can accompany you to court and present your side of the story in order to challenge the grounds of the restraining order. It is during this hearing that you have the best chance of overturning a restraining order and setting the record straight.

What does a Restraining Order Mean?

Once a restraining order is issued against you, you must vacate any living space you share with the person who filed the order against you. By federal law, if you own any firearms, you must relinquish them. Most restraining orders require you to avoid all contact with the person who filed the order, as well as their children and family members. You may not call them, e-mail them, show up at their place of work, or attempt to contact them through a third party. If you are even suspected of violating your restraining order, you can be picked up by police and detained.

Protect Your Rights - Contact Criminal Defense Attorneys at Revelli & Revelli

There are always two sides to any story. In domestic disputes that often serve as a ground for a restraining order, it's essential that jurors hear the full story — are you owed money by the person who claims he or she feels threatened? Is your wife or girlfriend using a restraining order as part of a divorce to simply get you out of the house and away from your kids? Is a jilted co-worker trying to make your life difficult with a restraining order?

Make sure the court hears the full story — contact restraining order attorneys at the law office of Revelli & Revelli today.