Victims of Domestic Violence and Plaintiffs in Restraining Orders

Boston Attorneys Assisting People Accused of Crimes in the Pursuit of Favorable Outcomes

It is common for family members and romantic partners to argue on occasion. There is a vast difference, however, between a heated disagreement and threatening or abusive acts, which often amount to domestic violence and could be justification for obtaining a restraining order. If you are the victim of abusive or threatening behavior and you want to learn more about what steps you can take to ensure your safety, you should talk to an attorney promptly. The seasoned Boston attorneys of Koufman Law Group can inform you of your rights and help you to seek your desired outcome efficiently and discretely. We have an office in Boston, and we frequently advocate for restraining orders for victims of domestic violence in Boston and cities throughout Massachusetts.

Massachusetts’s Definition of Domestic Violence 

In California, domestic violence is defined as threats of abuse or abuse in situations where the victim and abuser are family or household members. Family members include married couples and people who were previously married to one another,  people who have a child together, people who live together, and those who are engaged or involved in dating relationships. Threats of abuse or abuse perpetrated by a person against an individual they are or were related to by marriage or blood constitute domestic violence as well.

Abuse includes intentionally or recklessly inflicting or trying to inflict physical harm on someone and threatening a person in a manner that causes them to fear that they or another party will sustain serious injuries. Stalking, sexual assault, disturbing the peace, destroying property, and harassment are also considered domestic violence.

It is important to note that while acts of domestic violence often cause physical harm, like contusions and lacerations, such injuries are not necessary to prove domestic violence. Domestic violence often also causes psychological trauma.

Restraining Orders for Victims of Domestic Violence in Massachusetts

Victims of domestic violence will often ask the courts to protect them from their abusers via restraining orders. In Massachusetts, the courts will issue restraining orders, which are civil orders intended to protect people from being physically abused, sexually abused, threatened, harassed, or stalked.

In cases in which petitioners demonstrate an imminent threat of harm, the courts have the authority to issue temporary ex-parte domestic violence restraining orders without providing the restrained party with a notice or hearing. The courts will generally only issue such orders if they believe there is an immediate and significant risk of abuse. Temporary domestic violence restraining orders prohibit people from engaging in certain behaviors, but they are temporary and usually expire within ten days of their issuance.

In cases in which temproary ex-parte orders are not necessary, the courts will provide notice to the alleged perpetrator of the request for a domestic violence restraining order and conduct a hearing. The court will consider the evidence presented during the hearing and, if necessary, issue a domestic violence restraining order.

Advocacy for Victims of Domestic Violence

While restraining orders do not involve criminal allegations, if a person subject to a restraining order violates the terms of the order, they may face criminal charges. In such cases, the victim may be called upon to testify in the criminal proceedings. While victims do not have to be represented by counsel, a knowledgeable and experienced attorney can advocate on their behalf and provide information, guidance, and support throughout the process. In other words, they can help victims understand their rights as crime victims, including the right to be treated with fairness, dignity, and respect.

Among other things, they can help victims prepare impact statements, which provide the court with information about the emotional, financial, and physical impact of the crime on the victim and their family. They can also ensure the safety and well-being of victims during proceedings. Finally, advocates can leverage their relationships with prosecutors, law enforcement agencies, and other professionals involved in the case to ensure that victims’ needs and concerns are addressed effectively.

Confer with a Skillful Boston Attorney Today

Domestic violence can cause lasting physical and emotional harm, but fortunately, many victims of domestic violence can seek relief via domestic violence restraining orders. If you have questions about restraining orders for victims of domestic violence, it is advisable to confer with an attorney as soon as possible. The skillful  Boston lawyers of Koufman Law Group have ample experience handling sensitive matters, and if you engage his services, he will set forth compelling arguments on your behalf. We have an office in Boston, and we regularly pursue retraining orders for victims of domestic violence. You can contact us to arrange a confidential conference through our online form or by calling us at 617-423-2212.