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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Mr. Kevin D. Quinlan is the best lawyer I know! Today he helped me with a suspended driver's license case. Yesterday I contacted him via email and he responded so quickly and took on my case.

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Kevin Quinlan is hands down an elite lawyer like no other! From personal experience working with this man for the last 6-7 months i can honestly say he is a stand up, honestly, humble individual and when Mr Quinland sets out to do something and says he going to do it, it gets done i had a whole mess of charges and problems but Mr. Quinlan went above and beyond to secure my freedom and give me a clean slate. I 100% recommend him as your criminal defense lawyer he is a phenomenal lawyer and deserves all the credit in the world!

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Attorney Quinlan is one of the most respectable people I know! He has helped me in the past learn about legislation in certain areas where I have had questions arise in my professional career. He has always been a reliable person to go to when I need assistance in all aspects of law. Kevin is very knowledgeable, and always maintains a degree of professionalism. I highly recommend working with Attorney Quinlan!

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