Massachusetts Complaint for Protection from Abuse

State:
Massachusetts
Control #:
MA-SKU-0541
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PDF
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Description

Complaint for Protection from Abuse

Massachusetts Complaint for Protection from Abuse is a legal document that is used to seek protection from abuse, such as physical, sexual, or psychological abuse, from an abuser. It can be used by victims of domestic violence, dating violence, stalking, sexual assault, or other acts of violence. The Complaint can be filed in the Massachusetts Probate and Family Court or in the District Court of the county in which the defendant resides. There are two types of Massachusetts Complaint for Protection from Abuse: an Ex Parte Complaint and a Regular Complaint. An Ex Parte Complaint is a temporary order of protection that can be requested without the presence of the defendant. A Regular Complaint is a permanent order of protection that requires the presence of the defendant and a hearing. In both cases, the Complaint must include the name and address of the defendant, the details and type of abuse, and any other relevant information. If granted, the Complaint will include an order for the defendant to stay away from the plaintiff and any other requested relief.

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FAQ

Unlike a 209A restraining order, a 258E harassment prevention order cannot be issued by the Probate and Family Court. The courts that hear 258E cases also handle criminal cases. The Probate and Family Court, which also hears 209A cases, does not handle criminal cases.

You can request that the defendant be ordered to have no contact with you. This means that the defendant: Must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is listed on the order.

This means it was done on purpose and was done for cruelty, hostility or revenge. Were aimed at you. Were intended to cause you fear, intimidation, abuse, or damage to property. ?Abuse? means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.

(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and

To get a Harassment Prevention Order, file a Complaint for Protection from Harassment in any District Court, Boston Municipal Court, Juvenile Court, or Superior Court that covers the area where you live. See the the Trial Court's website for the Complaint form, Affidavit form, and Instructions.

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.

What is the Penalty for Criminal Harassment in Massachusetts? Criminal harassment is a misdemeanor on first offense that can be punished by up to two-and-a-half years in the House of Corrections.

More info

Everyone deserves relationships free from domestic violence. If you are in danger right now, call 911 or seek safety.A PFA can make it illegal for the abuser to contact you or your children. The judge may also sign a show cause order, requiring a hearing on the petition and affidavit submitted. You will be charged filing costs and service costs when the complaint is filed at the district court. Vs. ☐ Petition filed electronically under FL § 4-505.1. Vs. ☐ Petition filed electronically under FL § 4-505.1. What is a Protective Order? A victim of domestic violence can apply to the courts for protection, temporary custody, counseling, financial support and a "vacate the home" order. Years of age or older.

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Massachusetts Complaint for Protection from Abuse