Showing posts with label crime. Show all posts
Question of the Week: What is an Abuse Prevention Order?
In Massachusetts, M.G.L. c. 209A allows the court to create orders that protect people from abuse. These orders, known as “Restraining Orders”, “Abuse Prevention Orders” or “209A Restraining Orders” prohibit the defendant not to abuse or contact and to stay away from the person who has obtained the order, and, if applicable, the person’s minor children. 209A Restraining orders may be obtained against a current or former spouse, a current or former household member, the other parent of a child, a relative by blood or marriage, or anyone with whom the person has had a substantial dating relationship. If the parties do not have one of the relationships described above, the court will not issue a 209A Restraining Order.
Obtaining a 209A Restraining Order is a civil proceeding, rather than a criminal proceeding. That means that the person seeking the order must prove by a preponderance of the evidence that they have a "reasonable fear of imminent serious physical harm". Put another way, the person seeking the order must demonstrate that the abuser has caused or threatened to cause physical harm, or has placed the victim in fear of imminent serious physical harm. Violation of a 209A restraining order is a crime, provided the restrained person knew of the restraining order.
Of course, if you are facing an imminent risk to your safety, call the police or 911. Your immediate safety should be your first concern. While the police can alleviate the immediate danger, calling the police to report abuse does not automatically result in a restraining order. If the immediate danger has passed, then you should consult with an attorney as soon as possible, and attend Court to request a Restraining Order by filing a Complaint for Protection from Abuse.
Obtaining a 209A Restraining Order is a civil proceeding, rather than a criminal proceeding. That means that the person seeking the order must prove by a preponderance of the evidence that they have a "reasonable fear of imminent serious physical harm". Put another way, the person seeking the order must demonstrate that the abuser has caused or threatened to cause physical harm, or has placed the victim in fear of imminent serious physical harm. Violation of a 209A restraining order is a crime, provided the restrained person knew of the restraining order.
Of course, if you are facing an imminent risk to your safety, call the police or 911. Your immediate safety should be your first concern. While the police can alleviate the immediate danger, calling the police to report abuse does not automatically result in a restraining order. If the immediate danger has passed, then you should consult with an attorney as soon as possible, and attend Court to request a Restraining Order by filing a Complaint for Protection from Abuse.
VIP Followers
Info recommended by:
Webpages of law
Popular entries
-
500 Coke employees lost their health insurance the day after they went on strike. The union has sued under ERISA , claiming the action wa...
-
Well kids I plan to scoot out of here shortly, to begin my long solemn weekend regimen of prayer , reflection , and expanding my abdomen , s...
-
(BY HUGO) Since the beginning of May, the flow of an emissary of Lake Champlain, the Richelieu River, is near or at record level, and a larg...
-
Billy Shields has a nice piece on the never-ending saga involving BDO Seidman and the new trial that commenced this week against BDO Intern...
-
(BY HUGO) Just a quick post to follow up on reports relating to shale gas leaks from wells in Québec. The Québec Ministry for Natural Resour...
-
Former CFO for R. Allen Stanford, Jim Davis, pleaded guilty to fraud yesterday . This is probably not good news for Proskauer's Tom Sjob...
-
(BY HUGO) On 27 April, the Québec Ministry for Sustainable development, Environment and Parks presented a regulation project on pricing of ...
-
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 "...
-
(BY HUGO) Les Cahiers de droit just published their issue 3 & 4, Vol. 51, a special issue on water law with many articles exploring int...
-
You know, I find it more than a little annoying that Scott Rothstein has stolen my 3d DCA "bunker" imagery. It's mine, dammit!...