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Are Civil in nature, but become serious criminal charges if an allegation is made that you violated one. A Restraining Order Prevents you by order of a Judge from contacting, abusing, or being within a certain distance (usually 100 yards = a football field) from another person or persons or a place or places. It seriously restricts your ability to live and move freely around town. Get yourself an experienced criminal defense lawyer before you get hurt. |
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209A Restraining Orders are becoming commonplace in our society and Judges are handing them out liberally because that is the mandate of our politicians. A lot of people in our society have done nothing to warrant a restraining order under the law, but they have had one issued against them. Call us so that you have the right criminal defense lawyer on your team.
If you are breaking up with a boyfriend/girlfriend; getting divorced from your husband/wife; having money problems in your relationship; fighting over custody of your child or children in probate court then watch out because you are at risk!
The standard is that the person who wants the 209A restraining order must prove by a preponderance of the evidence that he/she is in objectively reasonable fear of serious and imminent bodily harm.
In my experience, this standard is not routinely applied and people get restraining orders who do not qualify. You stand a better chance of protecting yourself with a criminal defense lawyer to fight for your rights in court.
The next step in most cases: Violation of c.209A Restraining Order
It is common that after somebody obtains a restraining order they allege that the other person has violated that order. It is a serious criminal charge that calls for up to 2.5 years in jail if convicted, and attendance at a 40 Week "Batterer's Program," which is expensive.
The best defense in a lot of cases is the MOTIVE of the person who got the restraining order against you: An angry ex boyfriend/girlfriend or ex-husband or wife. Are there or were there money issues or issues regarding children or property?
How Do We Fight
- Show up to court with the right criminal defense lawyer.
- Be prepared with documents, receipts, photo's and any witnesses that support you.
- Have the right case law to cite to the Judge making the decision.
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