Domestic 209A Restraining Order

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Attorney Paul Moraski

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What is a Domestic 209A Restraining Order and Who Can Apply for it?

A 209A Domestic Restraining Order, is a restraining order that is civil in nature, but can have criminal consequences if it is violated. It is commonly referred to as a 209A order by the Courts, and the reason for that is because that is number of the chapter in the Massachusetts General Laws. In Massachusetts, a wife, husband, girlfriend, boyfriend, roommate, blood relative, household member, ex-girlfriend, ex-boyfriend or anyone involved in a dating relationship can apply for a 209A Domestic Restraining Order. Oftentimes, people believe that it is a civil proceeding, so they will just show up to Court and defend themselves in Court, telling the Judge their side of the story. What people don’t realize is that they aren’t used to the Judicial Process, and then the Restraining Order ends up getting issued out of Judicial Caution. Now even though the Restraining Order is a civil matter, many times it ends up having a criminal impact.

The reason why it can have criminal implications is because once the order is issued, all the other party needs to do is say that you violated the order by failing to stay away from them or by failing to stop abusing them. Essentially, all that other party needs to do, who may be a bitter ex-boyfriend or ex-girlfriend, is report to the police that you drove by their house, or called them on the phone. Usually, that will be enough for the police to arrest you, book you and throw you in a jail cell.

In order to avoid the pitfalls of having a Domestic 209A Restraining Order issued against you, it is of the utmost importance to contact experienced Massachusetts Domestic Violence Attorney Paul R. Moraski today at (978) 744-1200.

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