It can happen to anyone. An argument goes wrong, and the next thing you know, the police are standing at your door handing you a restraining order. You are shocked by this action and don’t know what to do. The next steps that you take can make a lot of difference in how this situation will be handled.
What Is A Restraining Order?
A restraining order is a legal document issued by the court that prevents you from having any contact with the person named in the document. You may not call, text, email, post on social media, or have any other contact with that person. Most restraining orders also have a physical requirement that states you must not physically go within so many feet of that person.
The Massachusetts Abuse Prevention Act encourages the use of restraining orders to help reduce any type of abuse against another person. This can be verbally, emotionally, and physically. Since the court would rather err on the side of caution, restraining orders are often granted without much research into the need for the order.
It is important to understand that having a restraining order issued is managed under civil law. Breaking a restraining order is handled under criminal law.
What Do I Do When Served With A Restraining Order?
The steps you take after being served with a restraining order are very important. You have the right to build a defense and to protect your personal rights as a person being accused.
Time is of the essence when it comes to restraining orders.
If the restraining order was granted as an emergency order after court hours, you could have as little as 24 hours to prepare a defense. If the order was issued during regular court hours, you might have up to 10 days to protect your rights.
It is essential that as soon as you are issued a restraining order that you:
- Cut off all communication with that person. You should also avoid any friends or family of that person because you do not want contact with them to seem like harassment.
- Contact a defense attorney. Your attorney will protect your rights and give you the legal information you need to proceed.
- Gather any physical evidence you may have regarding the incident that led to the restraining order. This includes texts, pictures, and emails that may be associated with the event. Your attorney is going to want to review thee for your case.
- Do not post anything on social media about the event, the restraining order, or what you have discussed with your attorney. Your social media accounts will be monitored by the opposing party for evidence that you are “hostile.”
Innocent People Are Accused Of Crimes All The Time
It is very important to remember that being accused of a crime does not mean that you have been convicted of a crime. Innocent people are accused of crimes all of the time. Getting quality legal representation matters when you are accused of a crime. You do not want to sit and wait to see how things play out. You want a criminal defense attorney managing your case for the best possible outcome.
When you are served with a restraining order, make sure that you read it carefully. If the restraining order includes the terms “No third-party contact” as well as no contact yourself, you must make sure that your friends or family do not contact or interact with the person who put this order against you. Their interactions can be seen as being done on your behalf and could be used against you.
After arranging for an appointment with a Wareham restraining order lawyer, you are encouraged to take your restraining order to the courthouse and retrieve a copy of the Affidavit that was used to get the order against you. It is very rare that the police will serve the order with this Affidavit attached. The Clerk of the Court will use the information from your restraining order to obtain the Affidavit and make a copy for you.
The Affidavit will be a handwritten document stating in the words of the person seeking a restraining order why they want that order in place. Now you can read this and see what you are being accused of to justify a restraining order. This is a very important document to present to your attorney.
When you arrive at the office of your Wareham restraining order attorney, you will begin to work together to build the defense for your case. Your attorney will ask many questions. It is important to be open and honest with your attorney. They are not there to judge you; they are there to help.
Work closely with your attorney. They will give you the advice you need to get through this difficult time. Provide any information they request, attend all scheduled meetings, and follow their directions. This is how you get the best possible outcome for your case.
Remember: Being Accused Does Not Mean You Have Been Convicted
Even if you have been arrested, being accused of a crime does not mean that you have been convicted. Protect your rights as an accused person by hiring a criminal defense attorney. Your attorney can help you build a case for your defense. There is never a good reason to have to face the court alone. Speak with a criminal defense attorney today.
