Where do I put a restraining order on someone from a different town and in behalf of my 7 year old son?

Asked almost 3 years ago - Lowell, MA

I live in Lowell ma. My 7 year old son lives in Billerica ma with his mother. Her boyfriend lives in Everett ma. I want to put a restraining order on the boyfriend to stay away from my son because he has a violent history and has many people trying to basically beat him up. He was also recently arrested on a warrent. I don't feel my son is in a safe environment when he's with his mother. How do I do this? Do I need to go to court first or to the police station?

Attorney answers (5)

  1. Jessica Ann Foley

    Contributor Level 14

    4

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    Best Answer
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    Answered . If he has not directly threatened your son or put him in danger by hurting your son's mother, it may be tough to get a restraining order. You can try. You can do this in District Court where your son lives OR you can go to Probate Court.
    You can also go to Probate Court and file for Modification of your current custody arrangement if you do not want this man around your son. This may be your best bet - go to Probate Court and file both a Modification and a 209A.

  2. Phil A. Taylor

    Contributor Level 14

    3

    Lawyers agree

    Answered . To only add to Attorney Foley, it appears you would go to Lowell District Court for a domestic violence (209A) restraining order or the Probat & Family Court in Cambridge for a 209A restraining order or modification regarding custody, etc.

    I am not sure on these limited facts that the required relationship would exist for a 209A order. A general restraining order is available from the Superior Court.

    Based on what you presented the Probate Court may be the place to start. If you cannot afford private counsel you may qualify to speak to the Lawyer of the Day.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general,... more
  3. Henry Lebensbaum

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can file for modification or a superior court restraining order.



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  4. Gary S. Sinclair

    Contributor Level 13

    2

    Lawyers agree

    Answered . If you believe your son is in immediate danger, you can make a report to the Billerica police and/or you can make a report to the Department of Children and Families. As another attorney has advised, assuming you have partial legal or physical custody, you can also file for a modification of the custody order or file for a restraining order on your son's behalf at superior or district court. Working with a family law attorney is never a bad idea and could be very helpful to you in this case.

    Gary S. Sinclair is an attorney licensed to practice in Massachusetts. All answers are based on Massachusetts law... more
  5. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You can file for modification or a superior court restraining order.



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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