Abuse Prevention Orders

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Understanding Abuse Prevention Orders in Massachusetts

 

Domestic violence is a serious issue affecting countless families in Massachusetts. Understanding Massachusetts laws regarding domestic violence and knowing your legal rights is crucial. One of the critical tools available to victims of domestic violence is the abuse prevention order, also known as a restraining order. This article will explore the ins and outs of abuse prevention orders, including what they are, what they do, how to apply for one, and how to modify or remove one.

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I. Understanding Domestic Violence.

In Massachusetts Domestic violence is defined as any pattern of abusive behavior in an intimate relationship used to gain or maintain power and control over another person. Abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, and financial abuse. Physical abuse refers to any physical contact that causes bodily harm, such as hitting, punching, or choking. Emotional abuse can include verbal assaults, threats, intimidation, and other forms of manipulation. Sexual abuse involves any unwanted sexual contact or behavior, and financial abuse refers to controlling or withholding financial resources from the victim.

II. What are 209A Orders and Restraining Orders?

To put it simply, a 209A Order is also known as a restraining order – they are the same thing. It is a legal order that prohibits an abuser from contacting or approaching the victim of abuse. In Massachusetts, a victim of abuse can apply for a 209A Order (a restraining order) against their abuser. The order can also offer other protections, such as prohibiting the abuser from possessing firearms, awarding custody of minor children, granting temporary possession of a shared home, and ordering the payment of support or rent.

III. Applying for 209A Orders.

To apply for a 209A Order, a victim can contact their local court or police department. The application process involves filling out a series of forms and appearing before a judge to testify about the abuse. A victim can also seek the assistance of an attorney to help them through the process. The terms and conditions of a 209A Order can vary depending on the case’s specific circumstances. Violating a 209A Order can result in serious criminal consequences, including arrest, fines, and incarceration.

IV. Responding to 209A Orders.

If you are served with a 209A Order, it is important to take it seriously and to comply with its terms. Several options are available for responding to an abuse prevention order, including challenging the order in court. It is also essential to seek the assistance of an attorney who can help you navigate the legal process and protect your rights. Ignoring a 209A Order can lead to severe consequences, such as arrest and prosecution.

V. How to Modify or Remove 209A Orders.

There are several grounds for petitioning to modify or remove a 209A Order, including changed circumstances or the expiration of the order. The process for modifying or terminating an order can vary, depending on the case’s specific circumstances. It is important to consult with an attorney to prepare a successful petition.

Get started with a free 30-minute phone consultation – contact us at (781) 713-1212 today.

In conclusion, abuse prevention orders are a critical tool for victims of abuse in Massachusetts. By understanding the laws surrounding 209A Orders, victims can take steps to protect themselves and their families. Whether you are considering applying for a 209A Order or are responding to one that has been filed against you, it is vital to have the assistance of an experienced attorney. Contact Sawin Law, P.C. for a free consultation to discuss your situation.

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We Will Go the Extra Mile to Protect Your Rights

A Compassionate, yet Fierce Advocate on Your Side

Free 30-Minute Initial Consultation

High-Quality Legal Service Focused on Client Results

Attorney Sawin is a Marine Corps Veteran who Cares about His Community

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  • Why Hire Sawin Law, P.C.
  • We Will Go the Extra Mile to Protect Your Rights
  • High-Quality Legal Service Focused on Client Results
  • A Compassionate, yet Fierce Advocate on Your Side
  • Attorney Sawin is a Marine Corps Veteran who Cares about His Community
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