Couples who file for divorce in Massachusetts may have already tried many tactics to reconcile their differences and make the marriage work. By the time divorce proceedings begin, both are emotionally drained and often angry. A restraining order may be used to gain an advantage in the settlement or as a method of retaliation. At Armstrong Law, P.C., we have experience defending clients from misuse of a protective order.
It is possible to fight a restraining order if there is no substantial evidence for its issuance. According to FindLaw, it is imperative to file a response document and show up to the hearing prepared. Failing to appear in court could result in the judge discounting your response.
Prepare by reviewing the papers you were served. They contain the basis for the restraining order. Bring evidence that supports your side of the story to the hearing. Evidence may include phone bills, receipts from restaurants and witnesses. Any tangible proof that refutes the allegations brought against you can help.
Depending on the circumstances, a temporary restraining order may be issued prior to the hearing. Obey the TRO and all its conditions until the court rules on the regular restraining order. Failing to do so can hurt your chances of having it dismissed and may result in criminal charges.
Successfully fighting a restraining order requires a significant amount of work. It is imperative to complete the necessary paperwork correctly, attend court dates and to produce specific evidence to bolster your defense. Visit our webpage for more information on this topic.