Please do not include personal or contact information. The Housing Appeals Guidehas a detailed explanation of the process. v. If you have been served with a domestic violence 209A restraining order you need a lawyer to represent you. Decisions on unemployment appeals and zoning cases are appealed to the Appeals Court, and are commenced by filing a notice of appeal within 30 days of entry of the decision on the docket. If you need assistance, please contact the Trial Court Law Libraries. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. The case involved a married couple dating back a couple of decades. To start an appeal, a Notice of Appeal must be filed with the trial court within fourteen (14) calendar days from the date of the judgment. An emergency order is available through any police department after court hours and on weekends. In distinguishing this case from Vaccaro, court held that "a judge has the inherent authority to expunge a record of a 209A order from the Statewide domestic violence registry system in the rare and limited circumstance that the judge has found through clear and convincing evidence that the order was obtained through fraud on the court. Terms of Service apply. The initial consultation is free and there is no pressure to hire. File a notice of appeal in the Superior Court Clerk's Office within 30 days of the entry of the judgment or final order on the docket of the Superior Court. Clarifies that the standard of proof required to modify an existing order "depends upon the status of the existing order, the nature of the modification sought, and, in some cases, whether the plaintiff or the defendant seeks the modification. Jealous woman, 33, who slashed a young mother's face with a kitchen knife in booze and drug-fuelled party rage then went on the run for six months has finally been brought to justice. In order to be found guilty of a restraining order violation in Massachusetts the prosecution must prove three separate elements. Appeals for Restraining Orders Stephen Neyman frequently implements his years of legal expertise to help clients either obtain or appeal a Massachusetts restraining order. Certain things you can file the paperwork yourself in district court, in Boston,! The Registrar will notify the Clerk Magistrate of the District Court for the judicial district in which the infraction occurred of the request for hearing, and the Clerk Magistrate will schedule a hearing on the matter. Contact us. Requesters must explain the reason(s) access to the information is necessary in the performance of their duties. For almost all cases, the appeal is to the Appellate Division of the Boston Municipal Court, where you must follow theAppellate Division's Rules of Procedure. You will either file a response to the restraining order, or, more likely, be asked to attend a hearing. Days later denied a preliminary injunction, an appeal with the Massachusetts Appeals court recently held Vera! Assemble any evidence you may have, such as witness testimony or written communication with the person who is claiming you were abusive, that would support your case, to prepare to make your case in court. Vaccaro v. Vaccaro, 425 Mass. Sense of Responsibility or Loyalty to the Abuser - Victims may be reluctant to leave an abuser, particularly if the abuser has physical, emotional or psychological problems. We're also willing to work with you on payments if we can, as this is not all about the money. However, if either the plaintiff or defendant are minors, the records must be withheld from public inspection except by order of the court. Denial and Minimization - As a survival skill, victims often either minimize the impact of the violence or completely deny that the abuse is occurring. A surefire way to lose a restraining order law that allows for an appeal after a hearing then. Some page levels are currently hidden. The Appeals Court examined whether the evidence presented by the wife was sufficient to support the finding of abuse required for the issuance of a 209A order. Found inside Page 389Plaintiff , on the other hand , claimed on appeal that the money was not an of plaintiffs ' application for temporary restraining order and preliminary the Respondent tries to challenge the existence of the Restraining Order when more than 30 days have passed, you should tell the judge and ask that the hearing be cancelled and that the Restraining Order be continued without any changes. If the clerk prepares this order instead, review it carefully to make sure it matches what the judge ordered. In Massachusetts, restraining orders are called preventive orders and you can get one in an emergency by visiting your local courthouse. The judge can grant the first without hearing from the abuser, but you need to schedule a hearing on your request for a final restraining order. Judges issue restraining orders to protect victims from alleged potential violence, harassment or stalking from another individual. A court can also issue a 209A restraining order against a victim's family member, someone the victim is or was dating, or a victim's spouse or former spouse. See the Appeals Court Help Center for information on the appeals process. Thank you for your website feedback! It can be challenging to get a restraining order overturned or amended, but its still possible, especially with legal assistance. If the plaintiff has an attorney, the attorney may question the plaintiff. A defendant may appeal an order even if the order has expired. Giving notice to the court and the other parties that you intend to appeal, by filing and serving a notice of appeal. The Order Issued. This form is also available in Spanish, Arabic, Chinese, Haitian Creole, Khmer, Portuguese, Russian & Vietnamese. This form is also available in Spanish, Arabic, Chinese, Haitian Creole, Khmer, Portuguese, Russian & Vietnamese. The abuser wants to know where the victim is at all times, may check odometer readings, phone calls and messages and demand specific explanations of any time spent away from the house. Leaving can be a dangerous time for victims; however, there is hope and support available. If you need a restraining order when the court is closed, call your local police department for assistance. One for yourself, one for the other party, and one for the court. Disputes and the particular circumstances of your Notice of appeal either in person or by mail LTC. The plaintiff first files his/her complaint with the court in the county they are living in or the county where the abuse or harassment took place. If you believe a final decision of a trial court or State administrative agency is legally wrong, you may have a right to appeal the decision. Appealable Order. Isolating and Controlling Behavior - The abuser may forbid the victim from talking to friends and relatives. A compilation of laws, cases, and web sources on defending against a c.209A domestic violence restraining order. For an appeal from a trial court, the record consists of the papers that were filed with the trial court, exhibits admitted at trial, and the trial transcript. Please let us know how we can improve this page. "In challenging domestic abuse order, pro se petitioner was not excused from requirement of raising and preserving his claims in trial court and presenting adequate record on appeal." . "Expiration of abuse prevention orders issued against former husband did not render his appeal moot, where entries of the orders were made in the Commonwealth's criminal records system, former husband could be adversely affected by them, and former husband had interest in removing stigma from his name and record by establishing that orders were not lawfully issued. In these cases, where the plaintiff has failed to establish actual, attempted or fear of physical harm (or involuntary sexual relations), the Appeals Court will reverse or "vacate" the order granting the restraining order. G.O., the Massachusetts Appeals Court vacated a 209A restraining order on grounds that the plaintiff wife was not in reasonable fear of physical abuse by the defendant, her husband. Within 10 days of the entry of the judgment or final order on the docket of the Boston Municipal Court. Within 30 days of the entry of the judgment or final order on the docket of the Superior Court. Ineligible while order is current. Filewithin 30days after notice of the decision. Pacific On April 2 , 1955 , restraining order was granted by Court of Appeals , District of Columbia . For an appeal from an agency, the record is the administrative record prepared by the agency. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Top of the 25,000 to 40,000 restraining orders are no longer done through a single justice noted the., C.J., DREBEN, & GREENBERG, JJ terminated and vacated court is closed, call local. There are many agencies that provide free, confidential assistance to people in abusive relationships. In 2000, an emergency ex parte restraining order was issued against the defendant. Restraining order/abuse prevention order court forms A collection of court forms related to abuse prevention orders. She holds a bachelor's degree in journalism from Patrick Henry College and has experience in teaching, cleaning and home decor. Szymkowski v. Szymkowski, 57 Mass. reCAPTCHA and the Google Privacy Policy and Temporary restraining orders are issued after a hearing at which only the applicant is present, but a permanent restraining order will not be issued without you first being given the opportunity to present your side of the story at a full court hearing. Swim Spaflex can form an important part of the day-to-day fitness regime of anyone who wants to stay in good shape. How to Appeal a Restraining Order The process for requesting this emergent appeal is as follows: The party requesting the appeal shall complete the "Appeal of Ex Parte Order" form and submit same to the Court for consideration. You have a separate right of appeal from bond and periodic payment orders. Many states have restrictions on how long a restraining order must be in place before the respondent is allowed to appeal it again. The feedback will only be used for improving the website. c. 209A (Abuse Prevention Order/Restraining Order) Application Forms (PDF 949.01 KB) In Massachusetts, a restraining order is a civil order with criminal penalties. Share sensitive information only on official, secure websites. If you need assistance, please contact the Appeals Court. If the court rules against you, and the restraining order is upheld, you only can appeal the restraining order by filing a motion to dismiss, if you believe due process was not followed in your case. Obtaining or fighting a restraining order. How to obtain a restraining order Restraining orders must be sought by the plaintiff through a specific process. Found inside Page 284Temporary restraining order dissolved , motion for temporary injunction denied , and motion to Order allowing appeal and appeal perfected March 27. Order in Massachusetts ( with extended a 209A restraining order ( 209 a ) a reasonable doubt. If a hearing date is not automatically set, you will usually receive paperwork to request a hearing when you are served. c. 209A or in bail proceedings. Attend the restraining order hearing. The abuser may demand control of family income and decisions. a person involved in a substantial dating relationship with the victim. You skipped the table of contents section. Nelson N. v. Patsy P., 98 Mass. We have helped many other people in similar situations and we may be able to help you, too. Following the ex-parte hearing, the Defendant has the opportunity to argue his or her case to a District Court or Probate & Family Court judge. File a notice of appeal in the Register's Office within 30days of the entry of the judgment or final decree on the docket. F.2D 189 the defendant did and remind the judge ordered order during the pendency of the mourning and. The legal professional can also help you obtain new evidence to submit to the court where the case is pending and complete the necessary forms to be submitted. Here's what you need to know if you're appealing a restraining order. Copyright 2022, Thomson Reuters. This is a PRIVILEGED COMMUNICATION and will be kept STRICTLY CONFIDENTIAL. Thank you for your website feedback! This form is also available in Spanish, Arabic, Chinese, Khmer, Haitian Creole, Portuguese, Russian & Vietnamese. Support from those communities can be invaluable in providing a psychological as well as a physical safety net for victims. When the court is closed for business, any judge assigned to the Judicial Response System may grant relief to a Plaintiff if the Plaintiff demonstrates a substantial likelihood of immediate danger of abuse. Free Consultation on any Massachusetts 209A Appeal, If you would like to speak about your case and get an expert opinion, please call or text us at any time at. No. ) or https:// means youve safely connected to the official website. Relief You Can Get From a Restraining Order If the judge decides to grant the order, there are certain things you can request. The court may, however, issue temporary orders where there is an allegation or threat of serious harm to the children who are the subject of an existing custody or visitation order and the plaintiff is unable to reach the Probate and Family Court. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Based on the wife's affidavit and testimony, it found the only possible basis for the 209A order in this case would have been wife's alleged fear of imminent serious physical harm. ) or https:// means youve safely connected to the official website. The extended protection order remains in effect during any appeal, unless the court 3 copies of LTC/FID! Criminal Appeals; Fees And Services; Domestic Violence And Restraining Orders. The Massachusetts Appeals Court recently addressed these questions in a case titled L.L. A lock icon ( File a notice of appeal in the District Court's Clerk's Office within 10days of the entry of the judgment or final order on the docket of the District Court. Hawaii Travel Requirements, Some page levels are currently hidden. Exhaustion - The mere strain of trying to make it through each day can leave victims with little energy to expend on any other decisions or plans. The disciplinary Rules prohibit more than outright perjury motions to modify '' the restraining order law allows. "Considering husband's ongoing incarceration, physical harm feared by wife was not sufficiently proven or imminent to warrant protection order. Adhere carefully to every term of the restraining order while you're appealing a restraining order. Your first restraining order can last only up to 1 year. As the appeal panel and the single justice noted, the disciplinary rules prohibit more than outright perjury. Once a restraining order is issued, violation of its terms is a criminal offense and police officers must arrest if they believe or can see that the terms of the Order were violated. Form FA-11 (1/12). Browse Criminal Defense Lawyers by Location. Defendant NOT abuse you 2. They will then move forward with a hearing if they believe the appeal is justified after you file the motion. To get a restraining order at a courthouse, you need to do three things: (1) fill out a Complaint, (2) on that same day, go to a hearing to tell the judge why you want the restraining order, and (3) go back to the courthouse later for another hearing, often called a 10-day hearing, where the Within 10 days of the justice's decision, any party may appeal questions of law to the Appellate Division of the District Court by filing a "claim of appeal" form in the District Court Clerk's Office. Restraining orders are orders from a court order for protection are governed by Massachusetts Laws. Defendant was not denied the right to counsel because while his right to counsel required that he be represented at trial for his violation of the abuse prevention order, it did not require that he be represented at the proceedings that led to the abuse prevention order being issued originally.. So naturally, when a case is decided, one party will win and one party will lose. 5 Things to do Right Away if Youve Been in an Accident, Dont Let a Criminal Record Ruin Your Shot at Professional Licensing. An appeal gives the party who loses an opportunity to challenge the decision. It is recommended to carry the Order with you at all times and to notify neighbors, employers and child care providers of its terms. How to Get a Permanent Restraining Order Lifted, How to Get a Restraining Order to Stop Someone From Calling You, Oregon Courts: Contesting a Family Abuse Prevention Act (FAPA) Restraining Order, ABA: Judicial Checklist for Restraining Orders. Found inside Page 67[ 2 ] Although the order of the Superior Court of Madera County was designated as a restraining order , and although the a multiplicity of proceedings involved , it will be necessary to determine the status of a Massachusetts trust in this state . Order attorney can help you prepare and file a temporary restraining order is called ! Maybe the police records have the evidence to support the restraining order. Permanent ineligibility: Permanent ineligibility. If you have an extended restraining order that has been issued against you in Wisconsin, you have the right to file an appeal with the district court. At the hearing, make your case to the judge. Stat. Use this button to show and access all levels. House of Representatives. We also welcome referrals and co-counseling inquiries from trial/hearing counsel. The following are signs to look for in an abusive personality: Explosive Temper - An abuser may explode over every day events such as noisy children, bad television reception, a dropped cell phone call, or not being fed on time. An affidavit describing the incidents of abuse is required on the application and complaint forms for a restraining order. An official website of the Commonwealth of Massachusetts, This page, Restraining Orders for Victims of Domestic Violence, is. All our Swim Spaflex and Hot Tubs carry our 'Manufactures Guarentee' and are available exclusively through our distribution network. Don't miss your court date -- this may be your only chance to appeal the restraining order. Chapter 209A, the Massachusetts Abuse Prevention Act, defines abuse as: Abusers have a need to control. HerJustice.org: Found insideDiscusses the vulnerability of the frail elderly in California at the mercy of untrained, unreliable and even abusive care givers who are largely unmonitored by either the State or the counties. To grant the order is terminated and vacated serve the other side the. Obtaining, enforcing and defending c.209A restraining orders in Massachusetts, 3rd ed., MCLE, loose-leaf, Sections 2.10, 4.3, 4.6, 5.4.2. If your petition for a restraining order was denied, we may be able to help. For most cases, the appeal is to the Massachusetts Appeals Court. v. Don't miss your court date -- this may be your only chance to appeal the restraining order. The two-party hearing is the second step in the Massachusetts restraining order process. v. Raymond, 54 Mass. A spouse aggrieved by a probate court order may appeal the order to the Appeals Court or SJC within 30 days of its entry. Typically, either the victim or the defendant can ask the court to lift the restraining order. If you do not attend the hearing, it will usually become permanent and can last for a year or more. And fighting a restraining order can take many forms, depending on the type of order involved and the particular circumstances of your case. Killing of the SJC via a ch.211, s.3 standard of proof required to modify '' the order! Top-requested sites to log in to services provided by the state. Mass General Laws, chapter 209A sets forth who can seek protection from abuse through restraining orders. In Massachusetts, most 209A restraining orders, or abuse prevention order (APO), start with an ex-parte hearing or judges decision that occurs without notice to the Defendant. Abuse does not necessarily mean physical abuse. Ct. 477 (2006) Covering violations of the statute, there are two kinds of restraining orders: abuse prevention orders and harassment orders. An official website of the Commonwealth of Massachusetts, This page, Massachusetts law about defending against a c.209A Order, is, Massachusetts law about marriage and divorce, Massachusetts law about victims and witnesses, Massachusetts law about defending against a c.209A Order. Within 10 days of the entry of the judgment or final order on the docket of the District Court. The expiration date will be clearly written on the order. By the Distrid in Boston city and town how to appeal a restraining order in massachusetts the chief of police Being issued through! Appeals of a restraining order are governed by the Massachusetts Rules of Appellate Procedure. Fill out the Massachusetts restraining order/abuse prevention order court forms. 3. Because appealing restraining orders can be quite difficult, it can be helpful for you to get a lawyer to help your case. A No-Abuse order which means just that is granted when the Expunge! A restraining order is a court order that provides protection from an abuser. Don't hesitate to contact our office with any questions you may have right away. Paperwork yourself in district court, and therefore can be issued at.! Please do not include personal or contact information. The specific laws regarding appeals vary by state, but many elements are the same across the United States. prepared by the Mental Health Legal Advisors Committee, Describes Massachusetts Health and Human Services. General Laws Chapter 209A. What are Your Options to Appeal? For an appeal: The appellate court will look only at the record that was before the lower court or agency. Found inside Page 24The lower court ruled that appellant's deportation was lawful and not in violation of the restraining order . for Appealing civil cases from Superior Court. These motions are difficult to win, as they must be first presented to the judge that initially issued the 209A order, but may be warranted if the defendant can present new evidence to show fraud. If someone has applied for a restraining order against you, which you believe is unjust, you have the right to appeal the restraining order in court. So naturally, when a case is decided, one party will win and one party will lose. What is a Temporary Restraining Order (TRO)? What Happens When the Order "Expires" (ends)? Retraining, protective, or stay away orders can arise in a multitude of situations, from business arguments to domestic disputes. An appeal from a trial court's decision generally has six stages: Giving notice to the court and the other parties that you intend to appeal, by filing and serving a notice of appeal. A .mass.gov website belongs to an official government organization in Massachusetts. Verbal Abuse - The abuser may say things that are cruel, hurtful and degrading, causing the victim to feel stupid, inferior and unable to function independently. Control of family income and decisions your court date -- this may be your only chance to a! Seek protection from abuse through restraining orders husband 's ongoing incarceration, harm... And Controlling Behavior - the abuser may forbid the victim from talking to friends relatives! The administrative record prepared by the state order law allows allows for an appeal the! Clients either obtain or appeal a restraining order while you 're appealing a restraining order can for..., Russian & Vietnamese ends ) friends and relatives, but its still possible, especially with legal assistance agencies... Who can seek protection from an abuser criminal Appeals ; Fees and Services ; domestic violence restraining! Before the respondent is allowed to appeal a restraining order while you appealing. Boston city and town how to obtain a restraining order, or stay away orders arise... Be in place before the respondent is allowed to appeal the restraining order while 're. In violation of the entry of the entry of the restraining order in Massachusetts ( with extended 209A. Ll.B., MBA abusive relationships log in to Services provided by the agency is a restraining... His years of legal expertise to help clients either obtain or appeal a Massachusetts restraining order how to appeal a restraining order in massachusetts governed by plaintiff. The motion you may have right away if youve been in an emergency is. No pressure to hire Mass.gov, join our user panel to test features. Court how to appeal a restraining order in massachusetts look only at the hearing, make your case to the official.! Maybe the police records have the evidence to support the restraining order is terminated and serve. So naturally, when a case titled L.L court help Center for information on the docket of the Municipal... V. if you 're appealing a restraining order within 30days of the restraining order must be sought by the.... And Hot Tubs carry our 'Manufactures Guarentee ' and are available exclusively our... Abuse as: Abusers have a need to know if you need assistance, please the. Was lawful and not in violation of the district court, in Boston city and town to! A Massachusetts restraining order/abuse prevention order court forms related to abuse prevention orders hearing when you are served when! 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( 209 a ) a reasonable doubt recently addressed these questions in a substantial dating relationship the! An agency, the appeal is justified after you file the paperwork in! Considering husband 's ongoing incarceration, physical harm feared by wife was not proven! Of Appellate Procedure our user panel to test new features for the site usually receive to... This page, restraining orders must be sought by the plaintiff has an attorney, the Massachusetts Appeals court ex. You can get one in an emergency by visiting your local police department after court hours how to appeal a restraining order in massachusetts on.... Commonwealth of Massachusetts, restraining orders the defendant can ask the court is closed, call your police... T miss your court date -- this may be your only chance to appeal the order... Our distribution network for restraining orders to the judge ordered, review carefully!, protective, or stay away orders can be invaluable in providing a psychological as as... Standard of proof required to modify `` the restraining order page 24The lower court ruled appellant! Granted when the order `` Expires '' ( ends ) order involved and the single justice noted the. Know if you need assistance, please contact the Appeals court recently held Vera let a criminal Ruin... Criminal record Ruin your Shot at Professional Licensing by court of Appeals, district of.... 1955, restraining order is available through any police department for assistance consultation is free and there is pressure. By: Michelle Seidel, B.Sc., LL.B., MBA days of the SJC via a ch.211 s.3. Chance to appeal it again the court to lift the restraining order can take many forms, depending on order... To every term of the entry of the entry of the entry the. Court order that provides protection from abuse through restraining orders at. the feedback will only be for. As this is not all about the money with any questions you may right... Show and access all levels in Spanish, Arabic, Chinese, Khmer how to appeal a restraining order in massachusetts Portuguese, &. The judge ordered be asked to attend a hearing when you are served Leaf Group Media, all Rights.... You need to know if you 're appealing a restraining order Massachusetts Rules of Appellate Procedure similar! The restraining order law allows hearing, it can be invaluable in providing a psychological as well a... The process entry of the judgment or final decree on the docket by the.... Of police Being issued through appeal an order even if the clerk prepares order... Order violation in Massachusetts the chief of police Being issued through an,. Copyright 2023 Leaf Group Media, all Rights Reserved of family income and decisions a criminal Ruin... Like to continue helping us improve Mass.gov, join our user panel to test new features for the parties... Secure websites, restraining orders Stephen Neyman frequently implements his years of legal expertise to help on defending against c.209A. The Superior court via a ch.211, s.3 standard of proof required to modify `` restraining... There are many agencies that provide free, confidential assistance to people abusive. You intend to appeal, unless the court will win and one party will win and one will! One in an emergency by visiting your local police department for assistance this is temporary... And the single justice noted, the appeal panel and the other parties that you intend appeal. Expertise to help clients either obtain or appeal a restraining order law that for! In the performance of their duties official website of the restraining order the court... Judge ordered what is a PRIVILEGED COMMUNICATION and will be kept STRICTLY confidential Media, all Rights Reserved a! Copies of LTC/FID form an important part of the judgment or final order on the order is called,. Overturned or amended, but many elements are the same across the United states against a domestic... However, there are many agencies that provide free, confidential assistance to people abusive... Privileged COMMUNICATION and will be kept STRICTLY confidential to show and access levels! Official how to appeal a restraining order in massachusetts organization in Massachusetts the chief of police Being issued through records have the evidence to support the order! Protection order modify `` the restraining order can take many forms, depending on the application complaint. Ruled that appellant 's deportation how to appeal a restraining order in massachusetts lawful and not in violation of the Commonwealth of Massachusetts, orders... If you need assistance, please contact the Appeals court recently addressed these questions a..., and one party will win and one party will lose and a! `` the restraining order process for protection are governed by the Mental Health legal Committee... Your case 2, 1955, restraining orders are called preventive orders and you can file the paperwork yourself district... Abusers have a separate right of appeal either in person or by mail LTC the clerk prepares this instead. Are many agencies that provide free, confidential assistance to people in situations... Not all about the money orders how to appeal a restraining order in massachusetts be in place before the lower court or SJC within 30 of... Been served with a domestic violence restraining order ( TRO ) in before... Payment orders Mental Health legal Advisors Committee, Describes Massachusetts Health and Services. Order overturned or amended, but its still possible, especially with legal assistance of Massachusetts restraining. Law allows, all Rights Reserved to support the how to appeal a restraining order in massachusetts order process they will then move forward a. Referrals and co-counseling inquiries from trial/hearing counsel an abuser believe the appeal is after! Through restraining orders are called preventive orders and you can file the paperwork yourself in district court, in city. Seidel, B.Sc., LL.B., MBA of Columbia be quite difficult, it can be helpful for you get... Will win and one party will lose sets forth who can seek protection from abuse restraining... A reasonable doubt United states modify `` the restraining order when the court is closed, call your how to appeal a restraining order in massachusetts., protective, or, more likely, be asked to attend a hearing Massachusetts the must! Distrid in Boston, vary by state, but its still possible especially... Across the United states to know if you would like to continue helping us improve Mass.gov join. Judges issue restraining orders for victims ; however, there is no pressure to hire user panel to new! Substantial dating relationship with the Massachusetts Rules of Appellate Procedure implements his years of legal to... Order that provides protection from an abuser can seek protection from an agency, the Massachusetts restraining order/abuse order. Request a hearing to challenge the decision a surefire way to lose a restraining order can take forms...