Restraining Orders

Sometimes in the practice of law, it is not what you say, but what you do not say. Every morning in the District Courts of the Commonwealth, individuals stand before a judge and request either a 209A abuse prevention order or a 258E harassment prevention order against another individual. Although it is often not necessary to retain counsel if you are seeking to obtain such an order, since the courts typically have a person on hand to assist applicants with the process, it is usually a terrible idea to represent yourself if you are defending against the issuance of a restraining order against you.

This is because District Court judges are generally dealing with a heavy caseload on the docket, and these types of hearings can move pretty quickly. Before you know it, if unrepresented by counsel, it is easy to find yourself having said the wrong thing, or having neglected to include all of the important things you wanted to say. In addition, without experience in the law in general, and with General Laws Chapters 209A and 258E in particular, it is easy to fail to address the crucial issues in such hearings.

For example, restraining orders often issue for up to a year, and since restraining orders issued between couples who cohabitate together often require one party to vacate the home immediately, they often result in long periods of homelessness. Although it may seem like a good argument to say, “judge, if the court issues this restraining order, I will be homeless, but the other party has another place to stay,” the judge is not allowed to consider the effect of the order on the alleged abuser if he or she finds that the restraining order is necessary to protect the petitioning party. Therefore, making such an argument is a waste of what may be only a small amount of time that you are given to speak. A seasoned attorney knows what to say and what not to say at these often emotional hearings.

If you have been served a restraining order, please seek the help of a skilled attorney to defend you in your hearing. Contact us today.

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20 years' experience & dedication to the law.

Kevin gives personal attention to every case. 
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Over 20 years as an attorney in Massachusetts.


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    Collect your personal history, ask the pertinent questions, clearly explain our role in the process and expectations.

  • Decide on the best legal strategy.

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  • Fight for your rights in court.

    Kevin has 20 years' experience as a litigator and knows his way around the courtroom.

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