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During the hearing, the judge will listen to the evidence and decide if the order should continue in its present form, be amended in some way(s), or be ended. Both the plaintiff and the defendant have a right to be heard at the hearing and to present evidence that the judge finds relevant.
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.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person, or by exhibiting it and reading it to him, or by leaving a copy at his place of abode; and by tendering to him the fees for one day's attendance and the mileage allowed by law.
Rule 26(e)(1) requires supplementation of previously complete responses to discovery (either in a deposition or by interrogatories, or otherwise) in only certain limited respects: (a) the identity and location of persons having any knowledge of discoverable matters, provided the identity and location of such persons ...
What is the Burden of Proof in a Massachusetts Restraining Order hearing? The burden of proof is on the plaintiff to prove by a preponderance of the evidence that they need an abuse prevention order.
As required by our Legal Terms, attorneys must disclose if any AI is used in answering your question. A restraining order can be dismissed by filing a motion to dismiss and scheduling it for hearing and giving the other side notice. When you get before a judge you can explain why you want to dismiss the order.
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.