what to do if a restraining order is filed against you

Sometimes abusive people try to get 209A restraining orders against the people they have driveling in order to get dorsum at them. Judges know this. The judge may not give the abusive person a restraining order against you even if they asks for one. Merely sometimes abusive people are able to get protective orders against the people they abused.

If you try to go a restraining order and the person who abused you as well asks for one against you, the court may write upwards "common restraining orders." This means that each of you has a restraining order against the other.

If a judge orders common restraining orders, the judge has to write down the reasons why they are writing restraining orders confronting both of yous. The judge also has to write downward who the "master aggressor" is. This means that the approximate has to determine which person is most likely to abuse the other. The guess needs to write this down and so that the police will know what to do if there is a problem. Run across Abuse Prevention Guidelines 6:07 (folio 167).

If you get served with a 209A restraining lodge against you lot, take it seriously. Become to the hearing, no matter what anyone tells you. If you don't go to the hearing, the approximate may give the person who driveling you a restraining lodge against you. You do not desire that to happen, for many reasons:

• The abusive person may lie nigh you or make up things you did so they can get a criminal instance filed against you.
• If the calumniating person gets an order against you, it takes attention away from their own abusive behavior. It makes it seem like the domestic violence was your error as much as it was their error.
• Information technology is dangerous for you. If you each have protective orders against each other, the constabulary may not know what to exercise when in that location is a problem. You might have trouble getting the police to arrest the calumniating person for violating your order. This makes you less safe.
• It lets the abuser hurt you by using the very organisation that was set up to protect you.

Go to court on the date of the hearing and tell the estimate what really happened. Attempt to talk to an advocate or lawyer before the hearing to help you set up. Tell the judge:

• You are the victim of domestic violence. If you tin, tell the judge nigh the history of how the other person has abused you, past injuries, medical records, police calls, etc. Bring police force or medical reports, pictures, or witnesses if you can. If you don't accept any of these things, tell the approximate some details virtually what happened.
• Tell the Gauge
  • If y'all think the calumniating person is only trying to get an order against you because you lot left them, or considering you have an club out against them, or considering they are trying to get custody, or because you accept a new romantic partner, or because their friends told them to, etc.
  • If yous never physically hurt or tried to physically hurt the person who driveling y'all.
  • If you never made the other person scared of existence physically injure past y'all. or
  • If you lot never made the other person take sex with you confronting their will.

Before you lot go into the courtroom, read the statement ("affidavit")

that the person who driveling you filled out when they got their restraining order confronting you. You lot tin get this affirmation from the file in the clerk'south office. If there are statements in that affidavit that are not true, tell the judge the truth.

The estimate should but consequence a mutual 209A restraining order (i that is confronting both of you) if they believe that you lot are each truly in danger from the other. If the estimate does issue an order against both of you lot, they must write downwardly the facts that made them decide you are both in danger from each other. The guess'south written study of these facts are called "findings." If the guess gives the person who abused you a protective order against yous, ask for a written copy of the findings. You may desire to show them to a lawyer or advocate and think most filing an appeal.

What do I do if the abusive person files a criminal complaint against me?

Sometimes, calumniating people try to "get revenge" by filing criminal charges against their victims. Y'all should have this very seriously. If the other person files criminal charges against you, you lot volition need a lawyer. If you cannot beget a lawyer, the court should appoint one for you if whatsoever jail time is possible.

Tell your lawyer the history of domestic violence and that you are the true victim. Each Commune Attorney'due south office has different ways of dealing with these "retaliatory" cases (cases where an abuser files criminal charges against their victim as a way of getting back at them). The Assistant District Attorney may know the history of your case and may not believe the abuser'southward story. The Banana DA might drop the charges and not become forward with a criminal case against y'all. That is the best thing that tin can happen. But you cannot exist sure the DA volition drop the instance. (See Criminal Complaints for more than information near what happens in criminal cases)

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Source: https://www.masslegalhelp.org/domestic-violence/abuser-takes-me-to-court

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