Being in a toxic, abusive relationship can severely affect you at a physical, mental, and emotional level. Being subjected to physical or sexual violence, especially by a person with whom you share an intimate relationship, can not only be degrading, but can also be life-threatening in some cases.
Statistics show that every year, more than 12 million men and women in the country are subjected to physical and sexual abuse by their partner. A vast majority of these victims happen to be women between the ages of 18 and 34.
If you are facing the threat of sexual or physical violence from your partner or a household member, you can get a restraining order from a civil court to protect yourself and your children, if you have any.
Family law attorney Jay Davis has represented several victims of domestic violence in Massachusetts over the years and can help you get a restraining order against your abusive partner. To find out more about restraining orders and other legal options that you have, call us at 617-221-3548 and schedule a free, confidential consultation with one of our family law attorneys.
What is a Restraining Order and How Can it Help You?
A restraining order – also referred to as a protective order, abuse protection order, or a 209A order – is a legal order which is designed to protect victims of domestic violence in Massachusetts.
An abuse protection order issued by a Massachusetts court can order the abuser to:
- Stop abusing you and your children
- Stop contacting you and your children
- Surrender all firearms
- Vacate or stay away from your household
- Stay away from your place of work
- Stay away from the daycare or school your children go to
In some cases, a restraining order in Massachusetts might also award temporary custody of minor children to the victim for a period of time.
According to Chapter 209A of the Massachusetts Abuse Prevention Act, the term ‘domestic violence’ might refer to one or more of the following actions committed by a family or household member:
- Physical abuse
- Forcing a person to perform sexual acts
- Threatening to physically or sexually assault a person
- Attempting to physically or sexually assault a person
The term ‘family member’ or ‘household member’ might refer to the following people:
- Your current or former spouse
- The person whom you are currently dating or have dated in the past
- The parent of your child (even if you are not officially married)
- A person whom you are or were related to by marriage
- A blood relative
- A person who lives or used to live in your household
If you are a victim of domestic abuse or violence, you can protect yourself and your family by getting a restraining order against the abuser. Jay Davis and his team of experienced family law attorneys can help you get a protective order quickly and ensure that you are protected from the threat of physical and sexual harm by the abuser.
To find out how we can help you, call us today at 617-221-3548 for a free consultation with one of our Massachusetts family law attorneys.
Three Types of Restraining Orders in Massachusetts
Temporary or Ex-Parte Restraining Order
This is, as the term indicates, a temporary order which stays in effect for a period of 10 days. This type of order can be issued by the court without a hearing. Since it is an ex-parte order, the abuser does not have to be notified either.
Long-Term Restraining Order
A long-term restraining order can stay in effect for a period of up to one year. It can be issued only after a hearing, in which the abuser will get a chance to tell their side of the story and present evidence to disprove your claims of domestic violence.
If, after listening to both sides, the court believes that you are in danger of being physically or sexually abused, it will issue a long-term order and impose a number of restrictions on the abuser. If your domestic situation does not improve within one year, you can request the court for an extension of the order.
Emergency Restraining Order
If there is a threat of immediate physical or sexual abuse, you can get an emergency restraining order, which is set to go into effect immediately. The best part about an emergency order is that you can get it even if the court is closed. Under Massachusetts law, judges are authorized to issue emergency restriction orders over the phone, if they believe that there is a danger of immediate physical or sexual abuse.
Restraining Order Attorney in Massachusetts
If you are a victim of domestic violence or if you strongly believe that you might be subjected to physical or sexual abuse by a family or household member, it is essential to get a protective order against the abuser.
Jay Davis and his team of restraining order attorneys have successfully represented several victims of domestic violence in Massachusetts over the years and have helped them get justice. We can help you get a restraining order against the abusive family or household member and take further steps to ensure your safety and well-being.
If you are a victim of physical or sexual abuse by a family or household member, contact Davis Law Group today at 617-221-3548 or fill out this form to schedule a free, 100% confidential consultation with one of our attorneys.
James H. (Jay) Davis III
Thank you for reading. Need to talk? 617-221-3548