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...
-
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 "...
-
The average cost of family health insurance coverage rose 3% to $13,770 in 2010, while at the same time the employee's share of the c...
-
UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on...
-
There are four house bills that propose changes to the current custody statute. However, H.1306 and H.2684 are practically the same, though...
-
Image courtesy of FreeFoto.com This is the first post in our series evaluating the potential of Custody Reform in Massachusetts. Before you...
-
The second senate bill that proposes amendments to the current custody statute is S00847. This proposal was filed in the Senate on January ...
-
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) A report from MARSH Canada, A Review of Water-Related Opportunities and Threats , outlines insurance issues in the sector to ensur...
-
There are two ways to ask this question: Can I start dating while my divorce case is pending? and Should I start dating while my divorce cas...