Unfortunately, for far too many individuals, there are issues of violence or the threat of violence. For an individual who is abused or threatened with abuse, that individual may seek a restraining order either from the District Court or the Probate and Family Court as provided by Massachusetts General Laws Chapter 209A. This statute allows a person suffering from abuse from a family or household member to file a complaint requesting protection from that abuse. This type of proceeding is a civil rather than a criminal proceeding. However, a restraining order can have criminal penalties. Abuse is defined in the statute as any of the following occurrences between family members:
- Attempting to cause or causing physical harm
- Placing another in fear of imminent serious physical harm
- Causing another to engage involuntarily in sexual relations by force, threat or duress
Protect Yourself From Abuse
If you are seeking to establish a restraining order against another individual, do not hesitate to obtain legal counsel. Fedele and Murray, P.C., has more than 35 years of experience in the Massachusetts legal system, and we will fight for your right to protect yourself from harm. Call 781-551-5900 or email us now.