Handling Restraining Orders And Domestic Violence Issues
Meyers & Welch represents people in actions involving family violence and restraining orders. If you are in imminent fear of bodily harm, get legal help immediately. Our firm can act quickly to help you and your family get the protection of the law. We also represent clients who are the subject of an emergency or final restraining order.
Contact Meyers & Welch today for a consultation. An attorney can explain the restraining order process and how our firm can help you.
The Restraining Order Process
The Massachusetts Abuse Prevention Act, M.G.L. c. 209A protects persons who have experienced violence, abuse, or serious threats from "family or household members", who are broadly defined to include former spouses, parents of a child together, former residents of the same house or apartment, or people in a dating relationship. There is a two step process.
Emergency Order or Ex Parte Order: A person who has been assaulted, stalked, harassed, or threatened by a "family or household member" can apply for an emergency protective order or a temporary abuse prevention order without notice to the alleged perpetrator. If the court issues a temporary order, a final hearing will be scheduled within 10 business days.
Final hearing: Legal representation for both parties is critical at this hearing. It is likely that this will be a full evidentiary hearing. The court may determine if there should be any contact between the parties, and if there are children involved whether there should be any contact between the children and the alleged abuser and if so, how, where and when that contact should occur. Attorney Welch ran the Battered Women's Legal Assistance Project for seven years in Essex County and Attorney Meyers is a former Assistant District Attorney. Their experience can assist you with these restraining order issues.
Meyers and Welch can also advise you as to whether a "kick out" order might be more appropriate.
Accused of Domestic Violence?
In some cases, a party to a divorce or a child custody dispute may make false or exaggerated accusations of domestic violence in an attempt to gain an advantage. If you have been served with an emergency order, you need strong and effective representation at the final hearing. Meyers & Welch can represent you at the final hearing to protect your rights. We can present evidence and conduct cross-examinations to challenge the other party's allegations.
Get Legal Help Today
Contact Meyers & Welch for a consultation with a Salem domestic violence lawyer.