Restraining Orders

What Are Restraining Orders?

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 than those purposes provided for in the applicable statute under which the ex-parte restraining order was obtained.

Salem, MA Divorce Attorney John G. DiPiano is Experienced in Restraining Orders

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.

Prepare for your consultation

Many attorneys will typically ask clients to prepare a packet full of files for their first consultation, including tax returns, financial statements, information on marital property and more.

When you work with Attorney DiPiano, you can expect a different type of meeting.

An initial consultation with Attorney DiPiano is meant as an opportunity for you to get to know each other and define the issues that are most important to you, to provide information and education as to what you may expect from the divorcing process and to establish a plan for moving forward in a manner that is organized and cost-effective.

You can expect to discuss your needs as a client based on your individual situation and will develop a tailored strategy that suits your case.  

If you are interested in learning more about Attorney DiPiano’s approach to initial consultations, read this post.

Ready to meet?

Contact Attorney John G. DiPiano’s office at (978)877-5159 or send an email to jdipiano@probateandfamily.com to schedule your consultation.