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Restraining Order Lawyer

Legal Help Obtaining a Restraining Order/Defense Against Wrongful Orders

  When domestic violence has occurred, the most important and first order of business is to ensure the safety of everyone involved. Sometimes it's possible to negotiate a separation that the two parties can agree upon. More often, however, it will mean that one party obtains a restraining order (209A) against the other party.

A restraining order specifies that one party will need to leave the family home and may not come within a specified number of feet from the other person, his or her home and workplace. It may even specify staying away from the victim's friends and family members.

If domestic violence has tarnished your marriage and you fear for your safety, I can help you get an appropriate restraining order for your own protection. I'm Fall River restraining order lawyer Wilfred C. Driscoll, Jr. I've been handling complex family law cases in Southeastern Massachusetts for more than 34 years.

An initial hearing for a restraining order can occur relatively quickly and is usually granted. You will be asked if you are fearful for your life or safety because of past abuse or threats. A second hearing, usually ten days afterward, will take place to determine if the restraining order should be extended or, in some cases, made permanent. During this time, we will work together to gather evidence in support of your domestic violence claim.

(It's important to note that a permanent restraining order is not necessarily permanent. It will expire within 1 year and you will have to seek another order if you believe it is still needed.)

Defense Against Unjust Restraining Orders

Unfortunately, restraining orders can be misused by angry spouses. I have seen people unfairly charged with the crime of domestic assault just so their partner could gain the upper hand in divorce court. This is tragic because a restraining order can change one’s life.

If you are innocent of the charges, your lawyer has a lot to do between the initial order and the final hearing, in order to prove your case. Together we may need to find witnesses to your good character, or witnesses who can vouch that your former partner is trying to frame you. We will interview people to document inconsistencies in your partner's story.

If there has been domestic abuse in your home, you have a greater challenge but there are ways to lessen the negative impact. We will work to ensure you have access to your children and that such access occurs in a safe space. I can advise you on steps you can take immediately to demonstrate your willingness to change, such as entering therapy or treatment.

Contact the Fall River Restraining Order Law Firm of Wilfred C. Driscoll, Jr.

No matter how the problem developed, you deserve a strong defense and continuing access to your children. I can help. Call (508) 672-8718 or email me to schedule a free initial consultation. I offer payment plans and flat-fee pricing for some legal matters.

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