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How do I fight a restraining order?

Marstons Mills, MA |

My fiance and I had an argument and her daughter called police after I left she filed a restraining order after 10 days she got a 1 year restraining order ?

I am going to go on Monday to the police station and the court to get her statements is it really feasible to beat this order we had been togerther for 2 1/2 years and there is no real reason for this order at all we only had an argument.

Attorney Answers 2


Yes you can. I have filed in the behalf of my client an appeal wherein the Appeals Court vacated the restraining order. It sounds like the opportunity to contest this in the original court is over. But you state no facts involving this matter. An appeal is expensive and time consuming. You must file a Notice of Appeal within 30 days of the order.

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The time to have fought the restraining order would have been at the hearing for allowance of the one year order. At that time you would have had the right to all of the statements, you could have cross examined the witnesses, and made legal arguments. Now, all you can do is appeal. My friend Henry gave you the information on that and perhaps you should hire him.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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