this person drove drunk and crashed through my fence into my front yard. He asked if I called the police and when I said yes he threatened to kill me
There is no time limit for requesting a restraining order. That having been said, the amount of time that lapses between an event that causes you to fear imminent bodily harm and the time that you seek that restraining order will weigh on whether or not the judge issues the order. The best thing to do is when you're in fear, seek the order. Chances are this individual is facing criminal charges for OUI, Destruction of Property and based on what you are saying, threats to commit a crime or witness intimidation. If you have a credible fear of imminent harm from this person, you should go to the district court and seek a restraining order. Contact the District Attorney handling the case as well, they can request that the court make a condition of that person's release to stay away from and to have no contact with you during the pendency of his or her case.
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What you are seeking is not a restraining order. You should report to the police.
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There is no time limit but you should also contact the DA's office because you have been threatened against testifying. They can get the court to impose a no contact order as a condition of the driver's case. But you should get a restraining order too.
From what you have indicated, unless the "person" is a family or household member, or you have/had a dating relationship, a "restraining order" is not a legal option. You said you told him "you called the police" but don't indicate what happened in follow-up, or whether the guy left the scene, etc. If the police showed up and identified the guy, he's most likely going to face either civil or, more likely, criminal charges. His threat to "kill you" is witness intimidation and a felony. If you haven't told the police or DA this important information yet I would do so immediately if you are concerned for your safety. I assume you'd like the guy to compensate you for your property damage. I'm afraid you haven't provided enough information for me to go much further. Good luck.
Threat may very we'll be intimidation of a witness which police would charge if brought to their attention.
As to order it would be a harassment order and reasonable time would apply however there is only one incident so it should not be issued in Massachusetts.
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