How Restraining Orders Impact Your Rights Under MA Law

Restraining orders, also known as abuse prevention orders, can have far-reaching effects on your life and rights. If you’ve been served with a restraining order in Massachusetts, it’s crucial to understand the legal implications and take action to protect your interests. At The Law Offices of Elliot Savitz & Scott Bradley, we specialize in helping clients navigate these challenging situations, ensuring their rights are safeguarded.

What is a Restraining Order?

In Massachusetts, a restraining order is a court-issued order designed to protect individuals from abuse, harassment, or threats. These orders are often granted under Massachusetts General Laws Chapter 209A, commonly referred to as the Abuse Prevention Act. They are typically sought by:

• Spouses or ex-spouses
• Partners in a dating relationship
• Family members
• Co-parents

A restraining order can impose various restrictions, such as prohibiting contact with the petitioner, staying away from certain locations, or surrendering firearms.

Types of Restraining Orders

1. Emergency Orders: Issued outside of normal court hours when immediate protection is required. These are temporary and typically last until the next court session.
2. Temporary Orders: Granted during the initial hearing and usually last for up to 10 days, pending a full court review.
3. Permanent Orders: Issued after a full hearing, these can last for up to one year and may be renewed if necessary.

Impacts of Restraining Orders on Your Rights

Being served with a restraining order can significantly affect your personal, professional, and legal rights, including:

1. Limitations on Personal Freedoms

Restraining orders can prohibit:

• Contacting the petitioner (directly or indirectly)
• Visiting specific locations, such as the petitioner’s home, workplace, or school
• Living in your shared residence if you cohabitate with the petitioner

Violating these terms can lead to criminal charges, fines, or jail time.

2. Loss of Firearm Rights

Under Massachusetts law, individuals subject to a restraining order must surrender any firearms, ammunition, or firearm licenses. Violating this condition can result in severe penalties, including additional criminal charges.

3. Effect on Custody and Visitation

If you share children with the petitioner, a restraining order may restrict your ability to see or communicate with them. This can lead to temporary or even permanent changes in custody and visitation arrangements.

4. Impact on Employment

Restraining orders can harm your reputation and professional relationships. If your job involves working with children, firearms, or vulnerable populations, the existence of a restraining order may lead to suspension or termination.

5. Criminal Record Implications

While a restraining order itself is not a criminal conviction, violating its terms can lead to criminal charges. These violations appear on your criminal record, potentially affecting future employment, housing, and educational opportunities.

How an Attorney Can Help

If you’ve been served with a restraining order, immediate legal assistance is critical. At The Law Offices of Elliot Savitz & Scott Bradley, we:

1. Review the Circumstances: We thoroughly examine the details of your case, including the petitioner’s allegations and any evidence presented.
2. Prepare for the Hearing: We build a strong defense to challenge the restraining order, ensuring your side of the story is heard.
3. Advocate for Your Rights: We fight to minimize the impact on your personal and professional life, working toward the best possible outcome.
4. Provide Ongoing Support: If a restraining order is granted, we help you understand the terms and take proactive steps to avoid violations.

Take Action to Protect Your Rights

A restraining order is a serious legal matter with lasting consequences. Whether you’ve been unfairly accused or need assistance navigating the terms of an order, The Law Offices of Elliot Savitz & Scott Bradley are here to help. Our experienced attorneys provide compassionate, strategic representation tailored to your unique circumstances.

Contact us today for a confidential consultation. Don’t wait—protect your rights and your future.