Do i have to show up for a restraining order hearing? is it required by law?

do i have to show up for a restraining order hearing? is it required by law?

Somerville, MA -

Attorney Answers (2)

Dominic L. Pang

Dominic L. Pang

Criminal Defense Attorney - Cohasset, MA
Answered

You r appearance at a restraining order hearing is not required by law. If you do not show, the court will NOT issue a warrant for your arrest. If you are the plaintiff on a restraining order hearing, your failure to appear will result in the court not issuing the RO. If you are the defendant on a restraining order hearing, your failure to appear coupled with the plaintiff's appearance will usually result in the restraining order being issued.

It is usually to the defendant's benefit to appear at the restraining order hearing in order to oppose the issuance of the order. Better yet, appear with an attorney and vigorously challenge the issuance of the order. A restraining order issued against you can have a great impact on your life: it will show up when the police or courts run your record, it prevents you from going to certain places, it can make you surrender your firearms and gun permits. Most defendants to a restraining order regret not showing up at the hearing and/or showing up without a lawyer. The defendant who shows up with no lawyer with the plan of simply denying the allegations made y the plaintiff to support the issuance of the restraining order usually loses.

Henry Lebensbaum

Henry Lebensbaum

Family Law Attorney - Andover, MA
Answered

I agree. It is foolish not to show up for a restraining order and defend yourself. The existence of such an order can impact other areas of your life.

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