My fiancees ex recently obtained a restraning order against him through lies, saying he harrassed and abused her, when she was the one harrasing him and threatning to burn down his house; I was witness to her craziness. Now a restraining order was issued for a year, and we are both confused, we are engaged, in school, and in our externship, and now this goes on his record. How can someone get a restarining order with no proof, and with lies?. Also he was not properly served, the cop (who happens to be a close friend of my fiancees ex) went to his house, and called him saying he was served. Is that right?
Is there anything we can do?
Personal Injury Lawyer
Restraining orders issued under MGL c. 209A are only temporary and you have the right to attend a hearing before the order is extended for a one year period. At that time you have the right to question all evidence and cross examine the plaintiff and all witnesses. You (or your fiancee in this case) st go to the hearing to question and cross examine and it is a very good idea to retain experienced counsel to do the cross examination.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
Personal Injury Lawyer
Permanent Restraining orders are not issued without the opportunity to be heard in front of the judge. Your boyfriend should take advantage of his opportunity to attend court and testify. You also can testify.
Often interim or T.R.O.s (temporary restraining orders) are issued ex parte by the court, based upon sworn affidavits from the victim. However, a hearing needs to be scheduled at which time both sides can be heard. I suggest that your boyfriend retain an attorney to represent him at the hearing.
Legal Disclaimer :
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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