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

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?

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Attorney answers 5

Best Answer
Posted

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.

Posted

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 Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Posted

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 Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Posted

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 or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.

Posted

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, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?

Asker

Posted

Ok so I'd have to go to Lowell probate court for the 209A and the modification at the Cambridge Family Court?