Obtaining, Modifying or Defending Restraining Orders
While any domestic violence situation can result in a 911 call and an arrest, it is also possible to obtain protection from family assault or stalking through an application for a restraining order in district court or probate court. Boston family law attorney Thomas McKean advises people on both sides of a domestic violence situation — people who need help getting or enforcing the terms of a restraining order and people who have had restraining orders entered against them. To learn how an experienced lawyer can help you understand your rights and responsibilities in a difficult family situation, contact the law firm of Thomas McKean for a free consultation.
When a person feels under threat from a spouse, roommate, former intimate partner, or other person in a family or close relationship, he or she can apply to court for a restraining order against the other person. The individual to be restrained usually does not even know about the application for protection until the court has granted it. The person restrained then has the chance to go to court about two weeks later and tell his or her side of the story. The restraining order can be vacated, modified, or even extended and strengthened depending on the evidence presented to the judge by both sides at the hearing.
A domestic violence restraining order will usually include terms and address practical details such as the following:
- An order that the person restrained shall have no personal, telephone or e-mail contact with the person protected
- An order for the person restrained to leave the family home or shared residence
- Instructions to pay rent, child support, utility bills, or other financial obligations for the person protected
- Restrictions on custody or visitation with any children the parties have in common
If a domestic violence restraining order is issued during divorce or child custody proceedings, the person against whom the charges are alleged will be under a severe disadvantage for achieving custody or visitation rights without showing either that the original allegations were false or that he or she has taken substantial measures to address and overcome problems with anger management or family violence.
Boston family law attorney Thomas McKean can help people who need protection from the threat of violence in their homes, and he can also protect the rights of people accused of domestic violence. For additional information about obtaining a restraining order, defending against domestic violence allegations, or dealing with violations of a restraining order, contact Thomas McKean in Boston for a free consultation.
