For a Free Consultation
Appeals for Restraining Orders
Stephen Neyman frequently implements his years of legal expertise to help clients either obtain or appeal a Massachusetts restraining order. This type of document can often be essential to protect the physical and emotional well being of a complainant until such time that further judicial proceedings can be accessed. In most cases a Massachusetts restraining order forbids certain actions which may include contact between the accused party and the victim. An MA restraining order may also forbid other transgressions which may cause harm.Restraining Orders can be issued for a term of months, years or for a lifetime. Anyone who has notice of a hearing on a restraining order needs to make sure he or she is represented by counsel in court. Without a lawyer defending you the chances of a restraining order issuing rise dramatically. If the order issues your only recourse might be an appeal, a process that takes time to pursue and can be costly.Should I Appeal my Restraining Order?
Acquiring and more often appealing the issuance of restraining orders in Massachusetts quite often necessitates the counsel of a seasoned attorney like Mr. Neyman to ensure that the most protective measures are outlined to guard the interests of the involved parties. In some instances an MA restraining order can be the first step in a larger legal battle. In these instances retaining an attorney to challenge the legitimacy of the order may prove beneficial. Complainants often abuse the “power” they have once a restraining order issues. They know that any time they report a violation of the order, whether true or not, the person against whom the order has entered might end up in jail. Anyone who fears a reprisal from the complainant might want to appeal the order.Records of Improperly Issued Restraining Orders can Ordered Destroyed Upon a Successful Appeal of the Order
Not long ago a client came into our office to inquire about appealing a restraining order. The man was in college at the time as was the complainant. He had strong grades and a great job opportunity but was afraid that having a restraining order on his record would adversely impact his professional opportunities. He was right. As such an appeal of the order was filed. The court records were clear. There was no evidence presented by the complainant supporting the issuance of the restraining order. Nevertheless the judge issued the order and continued it at a subsequent hearing. The appeal was successful. Even better for the client was the order issued by the Massachusetts Appeals Court pursuant to G.L. c. 209A Section 7 requiring the judge who improperly issued the order to notify law enforcement, all members of the clerk’s office and the Massachusetts Probation Department to destroy the records.Under What Circumstances Should I Appeal a Restraining Order?
Occasionally certain Massachusetts restraining order appeals procedures must be enacted partly because there are times when the protective powers of the order have been misapplied or obtained for erroneous reasons. These orders are often granted without proper notice or hearing and therefore its fairness can sometimes be brought into question. Under these circumstances Mr. Neyman can assist clients facing this dilemma through the Massachusetts restraining order appeals process. Ultimately, no matter what your specific situation Boston criminal defense attorney Mr. Neyman may be able to assist. To inquire further about his services please feel free to contact his offices.