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Protect Your Rights After Being Accused Of Violating A Restraining Order

Have you been accused of a violation of a 209A order? This is a serious legal matter. A conviction for violating an abuse prevention order or restraining order can result in a jail sentence of up to two-and-a-half years and a fine of up to $5,000. A negative outcome may also affect a family law case, such as a child custody dispute. Courts and other authorities take violations of abuse prevention orders seriously.

As experienced defense attorneys at Carney, Gaudet & Carney, we work hard to protect the rights and interests of our clients through skillful advocacy. We bring more than 40 years of experience to the table along with a strong reputation throughout Massachusetts. If one of our defense lawyers takes your case, you can expect a firm focus on your long-term interests after you have been accused of assaulting or harassing your spouse or someone else close to you.

Possible Defenses

When we evaluate your case, we will examine every detail while devising a powerful defense. We may demonstrate to a court that:

  • You did not know about the restraining order or its terms.
  • You were not properly served.
  • You did not intend the act – such as contact with the protected person – that resulted in allegations of a violation.

These are sample hypothetical defenses and may not reflect your situation. We work closely with our clients to discover the most effective defenses in their cases.

Even if you have already been found to have violated a restraining order, our lawyers can fight for your future’s sake. We may press for reconsideration of the terms of the restraining order, for example.

Common Questions About Restraining Orders

We get a lot of questions about this legal issue, and we are here to help get you started on the right foot by answering some of your earlier questions here:

How does a protective order or restraining order affect my time with my kids?

These orders can reduce or eliminate the time you are able to spend with your kids. Additionally, these orders may also result in you only being allowed to see your kids under supervision.

What constitutes harassment in Massachusetts?

Most forms of continued and unwanted behavior may qualify as harassment. Subjecting someone to actions that can alarm, threaten, torment, annoy or otherwise harm them is harassment.

How can I fight a restraining order in Massachusetts?

The first chance a defendant has to fight a restraining order is at the first hearing that takes place about a week after the issue date of the order. Acting fast to meet with an attorney and prepare for this hearing can help you overcome the order and live freely.

What are valid reasons for a restraining order in Massachusetts?

Depending on the type of restraining order, a plaintiff will need to either prove their relationship with the defendant, like being married, dating, related or living together. Other than a relationship, a plaintiff may need to pursue a restraining order by alleging abuse through attempts to harm, threats of harm or forcing sexual relations.

For Best Results, Contact Us Without Delay

You may believe your spouse or another person is about to report you for an alleged violation of a restraining order. This is the best time to contact a lawyer. Or you may have already been arrested on such charges. We are ready to tackle your case with creativity and determination.

Learn how our solid track record can be an asset in your case. Schedule a consultation by calling 617-404-9683 or by emailing us. We will respond with a clear understanding of the urgency of your situation.