Massachusetts
Abuse Prevention Appeals
Abuse prevention orders are available for two classes of victim. For victims of family or household abuse there is protection under G.L. c. 209A, commonly referred to as a restraining order. For victims who are not family or household members there is protection under G.L. c. 258E, commonly referred to as a harassment order.
Improper denial of an abuse prevention order?
If you feel you have been improperly denied a restraining order or harassment order then you can appeal that denial. Failing to obtain the numerous protections afforded by a restraining order or a harassment order leaves you subject to further abuse. Although the protections of an abuse prevention order are in written form, any violation can result in criminal charges against the abuser.
Improper issuance of an abuse prevention order?
If you feel that an improper abuse prevention order has been issued against you then you can appeal that issuance. Those who find themselves the target of a restraining order or a harassment order are subject to a civil order, the violation of which may result in criminal charges and prosecution. In addition, a record of the restraining order or harassment order is maintained on the person's Criminal Record Information (i.e., CORI) even after the order is vacated. Certain employment, housing, and other personal rights may be denied or restricted as a result of an active abuse prevention order. Certain innocuous actions may result in you defending yourself against criminal charges!
Contact Appeals Lawyer William Driscoll Today!
Courts make mistakes. At times abuse prevention orders are awarded too easily, "just in case," when the application of the law to the evidence may call for a denial of the restraining order or harassment order. This is a major problem when ulterior motives are present - such as divorce or parenting issues, neighbor or housing issues, etc. On the flip side, sometimes abuse prevention orders are denied when in fact, they should be awarded.
For a review of your situation, contact Appeals Lawyer William Driscoll today! Your time for filing an appeal is limited. Protection of your rights is critical - do not delay!