Has someone taken out a restraining order against you in Massachusetts?
Although a restraining order is technically considered a civil document, a restraining order in Massachusetts becomes part of your criminal record. Whether the restraining order taken
out on you is legally justified or not, a judge in Massachusetts will typically issue the order on you for general safety’s sake.
If you’ve had a restraining order taken out on you in Massachusetts, read the brief post below from RestrainingOrderBlog.com. The post shares some very helpful advice for those charged unfairly with a restraining order in Massachusetts, and who are looking to fight the false charge.
How to Beat a False Restraining Order
In today’s political climate, divorce has become a cottage industry & one result has been a huge increase in the filing of false restraining orders in divorce cases. Most often, this affects the man in the divorce. If you are in this situation, you must learn how to beat a restraining order if you are to have any future contact with your children & save your reputation. This article will get you pointed in the right direction. Do not make the mistake of being unprepared. The road to defending yourself is full of pitfalls, any one of which could land you in jail!
One single false accusation from your spouse can have you hit with a false restraining order & subject to criminal prosecution. What is worse, the burden of proof is on YOU! That is right, she has no burden of proof, but you do.
Some unscrupulous lawyers will advise women to file a restraining order because:
1. It is a way to get quick custody of the children WITHOUT a hearing (yes, this CAN happen!)
2. It is a way to maximize alimony & child support payments.
There are two key concepts you need to master in order to learn how to beat a restraining order:
1. You need to become an expert on the restraining order process.
2. You need to take an active role in your case.
As stated in the intro, divorce has become an industry. No one knows the details of your situation better than you do, & no one will look after your best interests better than you. That is why hiring a lawyer to take care of things for you may be the worst thing you can do. You need to be knowledgeable on restraining orders & active in your defense to be successful.
One thing you should NEVER do after a restraining order has been filed is to attempt reconciliation with your wife. Even something as simple as an I’m sorry note or flower delivery violates the order & will land you in JAIL. That is why it is so important for you to become informed. There are too many mistakes like this waiting to happen.
You now have a basic outline on how to beat a restraining order. It is now up to you to become an expert. Your reputation & your children depend on it
Depending on your specific circumstance surrounding the restraining order charge, it can be difficult to defend yourself against a false restraining order. The most important thing that you can do to fight a restraining order in Massachusetts is to educate yourself on the state’s laws – as the post above explains.
To have any chance of success in fighting a restraining order, you must provide clear and credible defense testimony and undermine the credibility of the plaintiff simultaneously through real evidence or cross examination. It is often in your best interest to hire a criminal defense attorney to help you through this often confusing and difficult process, or at least speak with a criminal defense attorney in Massachusetts who can help you understand the restraining order law.
If you have specific questions regarding your situation, or you would like to learn more about the Massachusetts restraining order law, please contact the criminal defense attorneys at Revelli & Luzzo in Worcester, Massachusetts. Your first consultation is always free, and you can rest assured that we will do all that we can to help you. We will fight on your behalf when you are fighting a false restraining order.
