Lawyer
According to American law, each state has its characteristics. Therefore, the same actions have their specifics. You need to know how to obtain a particular document or protect your rights. Today, we will talk about obtaining a restraining order in Massachusetts and the important role of a restraining order lawyer in this process.
Order Obtaining Process
Under state law, a restraining order can only be issued against a relative or someone you were in a relationship with. If your situation is different, then you should apply for a harassment restraining order. In general, the process looks like this. You are going to court. If the situation is dangerous to your life or health, the judge will issue a temporary restraining order, called an emergency restraining order. It is valid for up to 10 days and is usually needed for defense before a formal hearing.
The court considers whether there was abuse towards the victim. According to Massachusetts laws, this concept includes:
- intentional infliction of physical harm;
- threats of such harm;
- sexual violence or coercion into sexual intercourse.
If the judge detects signs of abuse, he will decide to issue a restraining order. It prohibits the defendant from contacting the plaintiff. Contact includes:
- Speaking personally
- Approach the victim at some distance
- vocation
- E-mailings
- By writing a letter
- Texting
- Commenting on their Instagram story
- Sending DMs via any social media platform
While restraining orders are prevalent in domestic violence cases, they are also used for dating violence, sexual battery, stalking, and exploitation of vulnerable adults. Some non-domestic violence restraining order scenarios may include:
- A frustrated homeowner (possibly against a former tenant)
- An employee being harassed by a colleague
- A caretaker who knowingly or negligently exploits an elderly relative
- A person who constantly receives threatening text messages and emails (cyber stalking)
Once the plaintiff files a restraining order, the defendant must cease all contact. Failure to do so is considered a violation of the order. Thus, the order not only protects the victim’s rights but also provides an opportunity for the accused to be rehabilitated. The order itself is an administrative order. However, in case of violation, the person will be held accountable according to criminal law norms.
Why You Need a Lawyer
The US Constitution guarantees the right of every citizen to judicial protection. The court is the main guarantor of protecting your rights and interests. Protecting rights in court is the most correct and civilized way to restore justice. However, without special knowledge in the field of law, procedural norms, and judicial experience, it is unlikely that you will be able to achieve the desired result and win your case in court.
An experienced lawyer has a legal education, knows the laws, and knows how to navigate them. This allows you to protect your rights in court and quickly find answers to controversial issues, many of which arise during legal disputes. Having judicial experience and judicial practice is an undoubted trump card in the hands of a lawyer in civil cases when protecting rights in court. Knowing how to correctly apply a particular law and interpret it in your favor allows a lawyer to outline and justify his version of events and win a case in court. The experience of a good lawyer participating in court hearings when defending rights in court allows you to evaluate the judge’s behavior, understand how he assesses the situation, outline his strategy for conducting a court case, and provide arguments and evidence in a timely manner.
Preparation
Before you begin protecting your rights in court, you must prepare the relevant documents. The beginning of considering the case at the meeting and the immediate protection of rights in court depends on correctly executing procedural documents. The main document when protecting rights in court is the statement of claim, based on which the court case is accepted or not accepted for consideration. When presenting the evidence, it is necessary to consider the registration requirements, which only an experienced lawyer knows to protect rights in court. The procedure for filing a claim in court is also important.
Gathering evidence for defense in court is a delicate, consistent, and creative process. Often, the parties lack key evidence of certain events. In this case, a lawyer in civil cases evaluates the evidence base, determines which evidence is taken independently, and for which it is necessary to contact government authorities. A lawyer, defending interests in court, always acts in accordance with the law and sends the necessary letters, petitions, and requests. All evidence in court must be presented considering the current legislation norms, in case of violation of which the information loses its legal force and the court case is lost.
Presentation
We should not forget that when defending rights in court, it is also important to be able to correctly, consistently, and skillfully express one’s thoughts and competently justify one’s position in court. The participation of a lawyer in the trial allows you to save time. You can calmly continue to deal with work matters, resolve personal issues, and travel while a civil lawyer defends your interests in court and takes the brunt of resolving a legal dispute. An experienced lawyer participates in all battles, conducts business correspondence, and conveys your point of view to opponents and the court. Moreover, sometimes, when defending rights in court, a lawyer can formulate the necessary point of view independently, realizing that the situation has changed, and to win a legal dispute, it is necessary to change the legal position immediately.
Conclusion
All of the above points are difficult to study and understand independently, so leave the solution to legal issues to a professional lawyer who will protect your rights in court. A lawyer for the protection of rights in court will give full legal advice on your problem and assess the situation and the chances of a winning outcome of the case. Lawyers for the protection of rights in court will work out the position action plan in detail and give recommendations on how to conduct the case in court. If necessary, they will prepare the required documents for conducting the case in court, including submitting and proper presentation.