Restraining Order Questions?

djsantos Asked: Restraining Order Questions?

Ok well I live in Massachusetts and I have a father that was very abusive in multiple ways. He is an addict, alcoholic, and has bipolar disorder and has been hospitalized three times during my childhood because of it. Around October of this year he pulled a knife on me (he's done this before) and I decided I've had enough. Social Services got involved and mandated reporters (therapists, counselors, etc.) decided that he isn't allowed to have contact with me.

On numerous occasions, he has not followed these rules and despite all efforts he keeps trying to contact me.It has been decided that there will be an official restraining order filed against him for me.

My questions are, in MA, how does one get a restraining order? My mother is committed to the idea so I have a parent on my side. Would me and my mother have to go to court? Would we have to testify? Would I have to incriminate my father and tell of how he abused me? Would my father have to show up as well? I've looked but can't find the exact answers I'm looking for. Also, are the terms of a restraining order negotiated? How hard will it be for me to get one?

Thanks, Derek.

Answers:

Gabe Answered:
My aunt did it through a lawyer. They didnt' have to go face to face with the other person, or testify. They did go to court though. Basically in court the judge goes over the order to both parties and asks if they understand. That way if someone violates it then they have no justifiable reason for doing so and will be arrested. This means you too, so you are not allowed to try contacting him either. Good luck. Lawyers usually give out free advice if you call them.



Bruce Answered:
You and your mother will have to tell your story to a judge so he can decide on issuing a court order based on the information. Social services may get involved also if they are involved in your case. If granted, your father will be served the order. He will have the right to appeal the order in court and you all would need to testify in court if he does that.

Contact local law enforcement or the court and ask them about the court orders procedures.



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