Massachusetts General Law provides that family or household members may apply for a restraining order against another family or household member who has attempted to cause or has caused physical harm or placed another in fear of imminent serious physical harm or caused another to engage in involuntary sexual relations.
It is interesting to note that in addition to those originally intended for its protection such as husbands and wives and those living together, the statute has been expanded to those related by blood or marriage and those having a child in common regardless of whether they have ever been married. A substantive dating or engagement relationship is also covered.
The technical aspects of this law can easily be overlooked. Since the issuance of a restraining order usually contains serious conditions, it is essential to make sure that those conditions are not unfairly or arbitrarily applied. Conditions which are doomed for failure will result in a criminal complaint against the defendant for violation of the restraining order, which could result in incarceration.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
