Restraining Orders & Anti-Harassment Orders
At Charron and Flaws, LLC we have extensive experience in both seeking and defending against restraining orders. If you are in fear of imminent physical harm from an individual whom you are in a relationship with them either romantic, household member, or a family relationship, you can seek relief from the court and have a restraining order issued against them under M.G.L. c. 209A. It is also possible to obtain an anti-harassment order under M.G.L. c. 258E against any individual that does not meet the criteria of a 209A Order and who has “(i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272.”
If you have been a victim it is important to retain an attorney to aid you in obtaining either a 209A order or a 258E order. If the smallest detail is inadvertently left out you can be denied the very order that could protect you from serious harm from an abusive party.
Likewise, a false accusation to obtain either a 209A order or a 258E order against you can be detrimental. First, although these orders are civil and not criminal in nature, they will appear on your criminal record. Additionally, even the smallest of violations of any condition of the order can result in jail up to 2.5 years and up to a $5000 fine.