When and how do I get a restraining order in Massachusetts?
You can get a restraining order anytime you are in imminent fear of your physical safety or the physical safety of your children. To get the restraining order, during business hours you should call your local district court. If it is after business hours, you should call your local police department. You will then fill out the paperwork explaining why you think you need a restraining order. This procedure applies if the person you want to obtain a restraining order against is a spouse, boyfriend or girlfriend, or individual residing in the family home.

I just got a restraining order served on me. What do I do?
First, leave the house immediately. Stay away from the house and do not contact the people who have the restraining order against you, and, if you have children, you should not contact them if they are included in the order. In order to retrieve your personal possessions, you should call the police in the town where they are and have them come with you. You will also be asked to turn any firearms you own in to the local police station.

Within ten days, there will be a hearing scheduled regarding the restraining order. At this hearing, you can present your side of the case, and a judge will decide if the restraining order will remain in place or not. You should have an attorney present at this hearing. If you do not go to that hearing, the restraining order will be extended for up to one year, and can be renewed after that.

If you have any family law questions, please don’t hesitate to contact us:

Renée M. Hawk
(617) 531-6570
rmh@barronstad.com