Can a Restraining Order be Permanent?
In two scenarios these orders can be permanent:
An abuse prevention order under M.G.L. c. 209A, often referred to as a 209A or restraining order, can be ordered for any fixed period of time up to one year. If an ex-parte hearing (without the defendant) was held for the initial hearing, then another hearing will be set up within ten (10) days to give the defendant an opportunity to tell their side of the story. After that opportunity, the order can be extended for up to one year. At the extension hearing if the plaintiff appears, the court may extend the order for any additional time reasonably necessary to protect the plaintiff. This extension can be permanent if the circumstances warrant that decision.
In addition, pursuant to a divorce case under M.G.L. c. 208, § 18, the Probate & Family Court can order a husband or wife to refrain from placing any restraint on the personal liberty of the other. In Champagne v. Champagne, the Massachusetts Supreme Judicial Court determined that this statute allowed for permanent orders pursuant to the broad language stating "to make such further order as it deems necessary to protect either party or their children, to preserve the peace or to carry out the purposes of this section relative to restraint on personal liberty."
This entry was posted on at 6:00 AM and is filed under 209A, divorce, Domestic Violence, restraining orders. You can follow any responses to this entry through the RSS 2.0. You can leave a response.
- No comments yet.
VIP Followers
Info recommended by:
Webpages of law
Popular entries
-
Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
-
UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on...
-
500 Coke employees lost their health insurance the day after they went on strike. The union has sued under ERISA , claiming the action wa...
-
Two weeks ago, a Florida man was arrested for logging on to his Facebook account and requesting that his estranged wife list him as a "...
-
Medical marijuana legal in some states, is creating some employment law problems . Seems employees with prescriptions for medicinal use of ...
-
Today marks day 100 of the Mott's strike . The pro-union writer, Michael Winship, does a pretty good job of outlining the economics of ...
-
This business owner's letter to the editor makes a strong case for preservation of the secret ballot for determining a union's maj...
-
Here is another example (the leather goods industry) of the absolute collapse of domestic manufacturing causing the elimination of high pa...
-
Attorney Kelsey will be appearing on Money Matters with Scottie McCall on Friday, April 30, 2010 at 3:30 P.M. Attorney Kelsey will discuss...
-
Responding to a request from Congressman Darrell Issa (R. CA), David Berry, the Inspector General for the NLRB has determined Craig Becke...