Restraining Orders

Abuse Prevention Orders & Harassment Prevention Orders in Massachusetts

If a Restraining Order has been filed against you, be sure to review Attorney Kevin R. Collins’ publication, “5 Facts to Know if a Restraining Order Has Been Filed Against You in Massachusetts.”

Divorce, restraining orders, and custody issues are more than legal disputes. Each family law case is ultimately about good people who are experiencing a difficult time in their lives. When faced with any of these challenging matters, many people are concerned about their livelihood; what will happen to their finances, their property, their children, or their future?

Massachusetts Restraining Order Attorney Kevin R. Collins has extensive experience with Restraining Orders and understands that each case is unique and requires a hands-on, custom-built approach that is sensitive to each client’s needs and desires. Massachusetts Restraining Order Lawyer Kevin R. Collins will work with you to understand your particular family situation and then strongly advocate on your behalf in order to achieve the best possible outcome for you.

Understanding Restraining Orders in Massachusetts

Massachusetts recognizes two main types of protective orders, and the distinction matters.

209A “Abuse Prevention” Orders apply between family or household members, spouses, former spouses, people who live together or used to live together, relatives, or people who share a child. A 209A order can require you to leave your home, stay away from your children’s school, surrender any firearms and your FID card or LTC, and avoid all contact with the protected party.

258E “Harassment Prevention” Orders apply regardless of relationship. They’re used when someone alleges repeated, willful acts intended to cause fear, intimidation, or abuse, including situations involving neighbors, coworkers, acquaintances, or strangers.

Both types of orders can be issued ex parte, meaning a judge can grant a temporary order after hearing only from the person requesting it, before you’ve ever had a chance to respond. You are then entitled to a full hearing, typically within ten business days, where you have the right to appear and tell your side of the story.

Why the Extension Hearing Matters

The ex parte order is temporary, but what happens at the extension hearing can follow you for a long time. An extended restraining order:

• Appears in a statewide registry accessible to law enforcement
• Can impact child custody and parenting time
• Can affect professional licensing and background checks
• Can affect your ability to legally possess firearms
• Can be extended again, or in some cases be made permanent

Because so much is decided at that hearing, showing up unprepared, or not showing up at all, is one of the most costly mistakes someone facing a restraining order can make. This is not a hearing to walk into alone.

How Attorney Kevin R. Collins Defends Restraining Order Cases

Attorney Collins has 20 years experience litigating cases in the criminal courts, both as a criminal defense attorney and an Assistant District Attorney. He brings this wealth of experience to your restraining order case. When you hire him to defend against a restraining order, Attorney Collins will:

• Review the petition and affidavit for inconsistencies, insufficient evidence, or legal deficiencies
• Prepare you for what to expect at the extension hearing and how to present your side effectively
• Cross-examine the petitioner and any witnesses
• Challenge orders that overreach, for example, restrictions on custody or property that go beyond what the law allows
• Work to have the order dismissed, or narrowed
• Advise you on the interplay between a restraining order and any related criminal charges, since violating a restraining order is itself a separate criminal offense

What to Do If You’ve Been Served

1. Do not contact the protected party: even to “clear things up.” Any contact, even if it is initiated by them, can lead to a criminal violation charge.
2. Read the order carefully and note the date, time, and location of your extension hearing.
3. Do not miss the hearing. If you fail to appear, the order will likely be extended by default.
4. Preserve evidence: texts, emails, photos, or witness information relevant to the allegations.
5. Call an attorney immediately. The window between being served and the hearing is short, and preparation makes a real difference.

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Contact Massachusetts Restraining Order Kevin R. Collins Attorney Today

If you’ve been served with a restraining order, time is not on your side. Contact Attorney Kevin R. Collins for a complimentary consultation at (781) 430-8525 today.