Would you be able to identify a true victim of abuse?
While we’d all like to assuredly say ‘yes’, reality isn’t always so clear. Just take the recent Johnny Depp versus Amber Heard situation as an example. Despite all the public details of the case, it’s still an ongoing battle over the hearts and minds of the public because it’s not so clear as to who abused who.
This problem makes it extremely difficult for courtrooms and juries to handle domestic violence situations. It’s also why temporary restraining orders exist. These restraining orders are designed to protect an alleged victim who may be in imminent danger of bodily harm regardless of the evidence against the other person and before a trial or charges arise.
While this is a valid and important tool, it has immediate consequences for the person who is on the receiving end of the order. If you ever find yourself in that situation, it’s best to consult with a Taunton restraining order lawyer to learn more about your rights, responsibilities, and more.
What is a Restraining Order? Who Can Get One?
A restraining order is a temporary court order of protection that demands an individual cease and desist from a specific activity. In most cases, a restraining order calls for the end of contact between two parties. It calls for the end of any abuse, stalking, or harassing behavior. In some cases, the order can also protect immediate family members of the person seeking out the order. For instance, your ex-girlfriend might seek out a protection order that stops contact between you and her new boyfriend.
Massachusetts law is very broad when defining who can seek out a restraining order. Anyone who believes they have been abused by:
- A wife or husband
- A blood relative
- The parent of your child
- A person who lives in your household
- A person with whom you’ve had a previous intimate relationship with
Citizens can seek out a restraining order at their local court or superior court. Under emergency situations, citizens can also seek out a restraining order at the local police station or over the phone. If you do get an emergency order, then you’ll usually need to appear at the court to request a more official one within 24 hours. Then, they’ll have an initial hearing where the alleged victim will tell a judge why they’re seeking out the order. At that point, the order is issued and the other party will get notified by mail about a later hearing regarding the issue.
How a Restraining Order Can Impact Your Life
In most cases, the person on the receiving end of a restraining order doesn’t find out about the situation until they receive a notification in the mail about a hearing. Sometimes, a police officer will bring the restraining order to your door directly. At this point, your life could start to change dramatically.
How’s so? First of all, the order will require that you stop communicating with the person listed. If this person is the parent of your child or a close relative, then you may have no choice but to avoid the place where they live and work. If you live together, then the police might order you to leave immediately.
What’s more, if you have a child with that person, then your parental rights are at risk until the hearing. You may not be able to see your children or exercise your visitation rights. Even worse, a long-term order could result in an inability for you to get legal custody of your children.
Further, anyone who has a restraining order issued against them will get placed on the Statewide Registry of Civil Restraining Orders. As a result, you could lose out on future employment opportunities.
Coping With False Allegations
While we should always strive to believe the victim, it’s equally as important to recognize that false allegations can and do occur. Restraining orders are often issued swiftly because they’re designed to protect people who are legitimately at risk. Due to this, it also has the potential to get abused.
If you suspect that the other party is abusing the restraining order system, then you should speak with an attorney about the situation as soon as possible.
What to Do If You Get Hit With a Restraining Order
If you get notified about a restraining order against you, then it’s important to follow the order. Do not make contact with the person you’re supposed to avoid and follow the order as best as you can. If you violate the order in any way, then you are committing a criminal offense.
That means you cannot call the alleged victim. You cannot attempt to send your child a gift. You cannot attempt to communicate through a third person.
Considering the fragility of your situation, it’s also a good idea to talk to a lawyer about your next steps and any questions you have about the order.
How a Taunton Restraining Order Attorney Can Help
A restraining order attorney will prove invaluable in your situation. During the hearing, the judge will have the power to extend the order for up to one year. At that time, the order will get reviewed again.
If the order does get extended, then that means you will have to continue to abide by the conditions for the period of time. If you have children or if you live with the person seeking out the order, then you have a lot you could lose. You’ll have to find new long-term living arrangements and you might lose out on time with your kids.
Rather than attempting to represent yourself, it makes sense to have a quality lawyer who can help strengthen your testimony and defend you against the allegations.
Are You Ready to Hire a Taunton Restraining Order Lawyer?
Now that you know how a Taunton restraining order attorney can help you navigate your tricky legal situation, the only thing left to do is to hire one for yourself. Our lawyers have extensive experience representing clients who are on the receiving end of a restraining order in Taunton and the surrounding areas.
We understand how important it is to resolve your situation and clear your name.
Request a consultation with our office now by leaving your contact details on our online form.
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