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WHERE DO I GO TO GET A RESTRAINING ORDER AGAINST SOMEONE? DO I HAVE TO APPEAR IN COURT FOR THIS AT ANYTIME?

Springfield, MA |

A RESTRRAINING ORDER IS GOING TO BE FILED AGAINST ME AND MY 3 SISTERS BY OUR OLDEST SIBLING. THE 4 OF US TAKE CARE OF OUR FATHER, HE DOES NOTHING AND MY FATHER WANTS A RESTRAINING ORDER AGAINST HIM. HOW DO WE GO ABOUT GETTING THIS IN PLACE FOR OUR FATHER TO KEEP HIM SAFE.

Attorney Answers 3

Posted

I don't think a restraining order is appropriate in this situation.

If your father is in need of a restraining order, he will need to file for a restraining order in his local district court. If you have concerns about elder abuse being committed, you may consider filing a report with the Executive Office of Elder Affairs, who investigate cases of elder abuse.

If you are that concerned about your father's well being, and you and your siblings are not able to cooperate and coordinate in your care of him, I would strongly urge you all to get help before this situation turns tragic.

A restraining order may be appropriate here, but it is not a substitute for appropriate health and estate planning, guardianship, etc.

Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.

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7 lawyers agree

Posted

If a restraining order is being sought against you, then there is a chance there may already be one in place; albeit temporary. In order to make restraining orders permanent, or extend them the court will need to send you notice and there will be a formal hearing. You can call the local courthouse and find out if there is anything filed against you.
Also, if you need to have a restraining order against someone, you need to go to the clerk's office at your local courthouse and ask for help. The staff dealing with such matters is usually very helpful.

Hope this helps and best of luck,

Law Office of Ilir Kavaja
30 Newbury Street
Boston, MA 02116

617-515-5545
www.KavajaLaw.com

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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Posted

Do you all still live together? This should not be done in retaliation for your sibling having filed a baseless restraining order. If your father wants to pursue a restraining order, he will need to go to the local district court to request such an order. There are advocates at the Court that can provide additional information and assist him with this process. Please keep in mind that this is a serious process and that your father will need to set forth in an affidavit and then testify to facts that allow the Court to find that there is a substantial likelihood of immediate danger of abuse. Make sure to include in the Affidavit all instances of abuse not just the most recent ones. If the sibling does not live with him, your father could also trespass him from his home, business, etc. which allows the police to intervene and arrest him if he shows up.

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