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Temporary Restraining Order Example In Massachusetts
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In Massachusetts, the burden of proof for obtaining a restraining order, whether it's an Abuse Prevention Order under Chapter 209A, or a Harassment Prevention Order under Chapter 258E, is a “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that you have been subjected to ...
Superior Court filing fees ActionFee Filing Petition to County Commissioners $30.00 Issuance of: Injunction or Restraining Order $90.001 more row
In Massachusetts, the maximum duration of a restraining order (209A order) against a family or household member can be permanent, but those are rare. They are usually in place for one year and can be extended annually after that.
Harassment Prevention Orders. The harassment prevention law, commonly called Chapter 258E , is there to protect you against someone who is harassing, stalking or sexually assaulting you, no matter what your relationship with them might be. The harassment prevention law can be used to protect you against anyone.
Under Massachusetts CORI (Criminal Offender Record Information) law, restraining orders in Massachusetts typically don't show up on standard background checks. However, there's more to the story. While they might not appear on basic employment screenings, restraining orders can be found through: Court background checks.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Understanding the Basics A protective order, commonly known as a restraining order, is issued by a court to protect a person from harm or harassment. In contrast, a no-contact order specifically regulates communication between individuals, often prohibiting contact through phone calls or text messages.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.