A person in fear of imminent, serious physical harm from another individual, including a family or household member, may obtain a restraining order.
Restraining orders are deemed “209A” orders or “208” orders, depending on the nature of the restraining order and in what court the restraining order is obtained. Restraining orders can be granted in connection with a divorce proceeding, or may relate to other family law conflicts; both the Probate Court and the District Court are available for the issuance of restraining orders.
The Court can also award temporary custody of children in connection with a restraining order. However, if the order issues in district court, it may end up in Family or Probate Court if children are involved.
A restraining order is generally a civil action, but violation of a restraining order is generally a criminal matter. It is important to consult an attorney regarding obtaining or defending against restraining orders; however in an emergency the police department should be contacted to obtain a restraining order as a restraining order can be sought at any time including nights and weekends.
Contact the Levitt Law Group today to discuss any issue related to restraining orders in Massachusetts.