Restraining Orders Attorney in Hingham, Massachusetts

What are the challenges of 209A restraining orders in Massachusetts?

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209A restraining orders are – they come generally in two varieties and they require different types of proof. The first, is when a household or family member has attempted to harm, or has actually harmed, another family member. When there’s actual harm, those are relatively easy to prove; when there’s an attempt, it’s harder to prove.

The second variety of 209A restraining orders revolves around the concept of fear. A person has to be in reasonable fear of serious, imminent, physical harm. Those are harder to prove. Judges apply the requirement of fear as an element. It’s not what the person perceives as fear, but what the judge believes is reasonable fear.

Hingham, MA family law attorney James M. Lynch explains how to obtain a 209A restraining order in Massachusetts. He explains that 209A restraining orders generally come in two varieties, each requiring different types of proof. The first involves situations where a household or family member has either attempted to harm or has actually harmed another family member. Cases with actual harm are relatively straightforward to prove, while attempts can be more challenging. The second type revolves around the concept of fear: the individual must be in reasonable fear of serious, imminent physical harm. These cases are more difficult to prove because judges evaluate fear as an objective element—it’s not based on what the person feels, but on what the judge determines constitutes reasonable fear.

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