Safety should always come first. Domestic Violence is a relatively common occurrence where there is family conflict. In situations where one spouse is abusive to the other spouse, or to the children, a Restraining Order may be necessary. Unfortunately, there are also situations where Restraining Orders are obtained as leverage in contested domestic relations case.
Restraining Orders may be obtained by an adult on their own behalf, or may be obtained by a parent or guardian on behalf of a minor.
Restraining Orders may be obtained pursuant to G.L. c. 209A or G.L. c. 208, Sec. 18. These two statutes provide for "no-contact" orders, removes the other party from the residence, and may provide for temporary custody and child support to the petitioner.
Restraining Orders require that the person seeking the order, or the person(s) for whom the order is sought are in "fear of imminent physical injury." Restraining Orders may be obtained any time, 365 days per year, on an emergency basis.
When a Restraining Order is initially obtained, the person against whom the Restraining Order issued is not given the opportunity to contest the allegations supporting the Restraining Order. However, an evidentiary hearing is required to be scheduled by the court within 10 days of issuance of the initial order.
When a party obtains a Restraining Order based on allegations that are either outwardly false or refutable, the 10 day hearing is the opportunity for the other party to demonstrate that the petitioning party is seeking to use a Restraining Order for purposes other then those purposes provided for in the applicable statute under which the ex-parte restraining order was obtained.
Attorney John G. DiPiano is well seasoned in dealing with obtaining Restraining Orders for clients who are victims of domestic violence, as well as addressing situations where domestic violence is alleged but is not actually present.