Massachusetts Order Granting Protective Order

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US-01609
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Description

This is a protective order granting protect to property sought in a forfeiture proceeding by government authorities in connection with a criminal case. Property is ordered protected from seizure until underlying criminal case is resolved. Adapt to fit your facts.

A Massachusetts Order Granting Protective Order is a legal document issued by the court that aims to protect individuals from harm, harassment, or abuse. It serves as a legal shield against potential threats, ensuring the safety and security of the person seeking protection. The primary purpose of a Massachusetts Order Granting Protective Order is to provide legal measures and restrictions to the alleged abuser, preventing them from contacting, approaching, or harming the protected party. This legal tool plays a crucial role in cases such as domestic violence, stalking, sexual assault, or situations where the person feels threatened or endangered. There are various types of Massachusetts Orders Granting Protective Order, each tailored to specific circumstances and level of threat. Some common types include: 1. Abuse Prevention Order (APO): Also known as a restraining order or 209A order, it is issued to protect victims of domestic violence. It prohibits the abuser from contacting or approaching the victim, staying away from their residence, and may also grant custody arrangements and financial support. 2. Harassment Prevention Order (HBO): Designed to protect individuals who experience harassment, this order can be sought by victims of stalking, cyberbullying, or unwanted advances. It aims to prevent the harasser from contacting, following, or engaging with the victim both in person and online. 3. Sexual Assault Protective Order (SAP): This order offers protection to victims of sexual assault or rape. It prohibits the offender from coming near or contacting the victim, attending the same school or workplace, and may also include provisions for privacy during court proceedings. 4. Elder Protective Order (EPO): Intended to safeguard elderly individuals from abuse or neglect, this order can be sought by victims or concerned family members. It restricts any form of abuse, exploitation, or harm towards the elderly person, ensuring their safety and well-being. When seeking a Massachusetts Order Granting Protective Order, it is essential to gather evidence and information that substantiate the claims of abuse or harassment. The court carefully reviews these documents to determine the necessity and validity of the protective order. It is advisable to consult an attorney or seek assistance from legal aid organizations to navigate the process effectively. Overall, a Massachusetts Order Granting Protective Order is a crucial legal tool that provides vital protection and relief to individuals facing threats, harassment, or abuse. It aims to maintain the safety and well-being of the protected party by establishing clear boundaries and keeping potential harm at bay.

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FAQ

In Massachusetts, while a restraining order is a civil order, it appears on your criminal record permanently.

The court can issue an ex parte order that can last for up to 10 business days. The court will schedule a hearing within 10 business days and then notify the defendant about the ex parte order. The defendant has a right to participate in that hearing to argue that all or part of the order shouldn't be continued.

A sworn statement (affidavit) describing the facts of a recent or past incident(s) of abuse is required on the application or complaint form for a restraining order. It is also important to provide information about the abuser, such as work address, telephone, birth date and social security number.

A major consequence is that the restraining order is likely to require you, the Defendant, to leave your home, if you live with the person who receives the order. If you have children, a restraining order could prevent you from getting custody of or having visitation with your children.

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. Can't contact you in any way.

Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.

Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application. ... Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ... If the other party is harassing you or forcing you, provide the court with the records. ... Be prepared for a full hearing.

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Start here for information and guidance to help you choose and fill out the right court forms. Open PDF file, 14.42 KB, Am I Eligible for a Restraining Order ... Please submit with this affidavit a certified copy of the other state's court order and the Massachusetts “PLAINTIFF CONFIDENTIAL INFORMATION” and “DEFENDANT ...At your hearing, the judge will ask why you need a protective order, and will review your complaint or application forms and affidavit. The judge will decide ... Application for Restraining Order. The first step is to go to the courthouse to fill out an application (complaint) for a restraining order. You should go to ... A temporary ex parte order can be granted immediately, without a full court hearing and without the abuser being notified beforehand if the judge believes there ... Jul 24, 2023 — You can file for an Abuse Prevention Order at your local district court. If you plan on requesting custody of children or you have outstanding ... Oct 2, 2023 — When you arrive at the courthouse, ask the court clerk for the required forms to request a restraining order. The primary form you'll need is ... Nov 24, 2019 — You will need to fill out a bunch of documents and an affidavit stating why you need the protective order. You will then need to appear before a ... Application for a 209A Restraining Order ... Ask the court to order a member of your family, household, or someone you date to stop abusing you. You can also ask ... A restraining order (sometimes referred to as a protective order or abuse protection order) is a legal order issued by a Massachusetts state court and provides ...

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Massachusetts Order Granting Protective Order