What you need to know about restraining orders and how a restraining order lawyer will help you
A restraining order is an easy-to-file protective, court order that can help protect or prevent an individual from interaction, contact, and/or abusive behavior with another person. There are two reasons you may need a restraining order lawyer: you are either filing the protective order yourself, or you are contesting one that has been filed against you.
If you are searching for a restraining order lawyer in the Boston area, contact the Law Office of Keren Goldenberg today online or by calling 617-431-2701. Our experienced defense team can help you through the process, whichever it may be.
When filing a restraining order, there are two types
There are two types of restraining orders that are considered legally binding.
- Abuse prevention: intended for two parties in a serious relationship, married, share children, family members or living together.
In this scenario, in order to file, the individual filing must show the court that the person they are filing against has caused harm, attempted to cause physical harm or has instigated “fear of imminent physical harm, or forced him/her to have sex by physical force or threats of harm.” (1)
- Harassment prevention: intended for those who are not in a serious relationship, but filed in order to prevent abuse or harassment from another individual who has “committed 3 or more acts that were cruel and done intentionally to cause fear, intimidation, abuse or damage to property and did in fact cause fear, intimidation, abuse or damage to property.” (1) Or if the individual filing the request alleges there was sexual assault or other forms of criminal harassment, like stalking.
Filing a restraining order means that you are putting in place a legally binding court order. It means you are holding an individual accountable for their actions within the framework of civil law. It is an important tool for victims to protect themselves from their abusers.
A restraining order lawyer will be able to help you assess which option is best for you to file and help guide you through the legal process. If you are in the Greater Boston area, contact the Law Offices of Keren Goldenberg to discuss your case, 617-431-2701.
What to do if someone has filed a restraining order against you
Part of the work of restraining order lawyers is to help those on the receiving end of protective orders. Restraining orders are civil orders, not criminal. Regardless, if someone has filed an order against you successfully and you do not contest its issuance, there will be a permanent record of you being accused of abuse and can be used against you in court in the future.
Additionally, with the help of a restraining order lawyer, you should fight the issuance to help avoid being accused of violating the order. The individual who filed need only make a claim that you violated the protective order and can have you arrested and charged.
Regardless of your situation, protective orders require the knowledge and expertise of a restraining order lawyer. Call 617-431-2701 today for a free consultation with the Law Office of Keren Goldenberg.