Massachusetts Restraining Order Defense Attorneys
If you have been arrested for violating a 209A restraining order, call our criminal defense attorneys immediately at (800) 461-6900. When you are accused of violating the terms of an order, you risk penalties of up to two and a half years in jail and a $5,000 fine.
Sometimes, even the most innocent moves can be deemed a violation of a 209A order:
- Driving by the other person's home or workplace;
- Attempting to contact the other person through letter, e-mail, by telephone, instant messaging, texting, or through social networking sites like Facebook, Twitter, MySpace, LinkedIn, or Skype;
- Responding to a voicemail from the other person; or
- Having flowers delivered anonymously
RESTRAINING ORDER ALERT!
Read This Now…
One of the most common violations is for the defendant to accept an invitation to the other person' home. Even if the person who filed the order calls you, you should not talk to them, because you could end-up in jail. Case law is clear: "A 209A order can only be vacated by court action. A petitioner's notice of voluntary dismissal is inadequate to vacate an order." Brossard v. West Roxbury Div. of the Dist. Court Department, 417 Mass. 183, 185-86 (1994).
209A Restraining Orders Are Often
Misused and Abused by Alleged Victims
False allegations of abuse and restraining order violations are both commonplace for courts within The Massachusetts Court System. It is an unfortunate reality of life that family members or individuals who once shared a close relationship get into disagreements that can escalate into a dispute involving the police. When this occurs, any lawyer from our firm, The Massachusetts Criminal Defense Group, is ready to step in and assist you.
Get Served With a Restraining Order?
You Lose Your Rights to Carry a Gun
Once a 209A Restraining Order is served upon you, the police will likely seize your weapons and you'll lose your rights to possess a gun. As time goes on, if there are no further incidents, and it's unlikely that the plaintiff can claim he or she is in fear of danger, we can have the 209A Restraining Order modified, or even vacated.
Our Restraining Order Attorneys
Provide a Rock-Solid Defense
Every attorney from our office has experience in defending an alleged violation of a restraining order. Oftentimes, we contest that the order shouldn't have been granted in the first place. Using the court's resources to fuel contentious lovers' quarrels or contentious custody or divorce litigation is improper.
Clients Ask Us,
"Why Do I Have to Deal With This - I Didn't Do Anything Wrong!"
Our Restraining Order Defense Attorneys will always be the first ones to tell you not to take false allegations lying down. We have the reputation and talent for presenting evidence and arguments that can restore your freedom and put this criminal complaint behind you. With lawyers like us in your corner, you already have a leg up on those who are unfairly accusing you with false allegations. Many of our attorneys are former prosecutors, and we know how to challenge those who used to do what we did so well.
If you case looks less convincing, we may suggest that you seek a continuance without a finding, otherwise known as a CWOF. This is neither a finding of guilt or innocence, but a part of the plea bargaining process. In essence, you are admitting to some of the facts as alleged by the victim, but not all of them. Instead of taking the case to trial, you're suggesting that the case would likely be proven by the government should the case to proceed to trial, and opting to receive just a short period of probation during which the case will remain open. The case closes once you've completed your probation, but you should know that any violation of the probation terms may revoke the prior agreement and likely result in a jail sentence.
How to Expunge Your Civil or Criminal Record
If you've been served with a domestic abuse or Restraining Order, a record of that order will haunt you for years to come. Employers, schools, financial institutions, and domestic partners in Massachusetts will be able to discover the facts surrounding your offense throughout the statewide domestic violence registry system. Contact us to have your prior record cleared, erased, or to have the record sealed.
When You Get Arrested
For Violating a Restraining Order,
Call Us Any Time - Day or Night!
Call (800) 461-6900 for a no-obligation consultation.
We meet with clients at night and over the weekend -
we even meet with clients on Sundays! In urgent matters, if you have been charged with violating a restraining order in Massachusetts, contact
Attorney Irwin M. Pollack, our Founder and Lead Attorney on his cell phone directly - (800) 331-IRWIN.