209A - a Four Letter Word? An Overview of Massachusetts Restraining Orders

209A, in fact, is a Four Letter Word in Massachusetts, and this is because the evil consequences would be a 209A order on the person against whom you issued. For those unaware, 209A is the common name for the Massachusetts species of domestic restraining orders, and it refers to the number of chapters of the Massachusetts General Laws entitled "Abuse Prevention" that governs the issue and describes the process and procedures for those contracts. The law's purpose was toPrevent that rising cases of domestic violence and violence give the victims of domestic well-needed tool in court to protect one using the.

Sounds good in theory. In fact, the much-needed tool is a weapon all too easy to use. Judges routinely ignore the narrow definition of abuse, as defined in the Act:

(A) attempting to cause or causing physical harm, (b) the transfer to another fear of imminent serious physicalto keep damage, (c) causing another to engage involuntarily in sexual relations by force, threat or coercion.

In addition, the law provides that these orders can only be granted where there is a blood relationship, marriage, dating, or co-habitation relationship. Ex spouse, ex-brides, Ex-Boyfriends / girlfriends are also included. The nomenclature straight, and for the purposes of this discussion: The applicant is the person who the court for the order, Defendant is the person against whom the orderissued.

All too often fabricated a vengeful ex-spouse or a seemingly benign incident greatly exaggerated in an attempt to get a 209A order issued in their favor. A state appointed victim witness advocate is appointed coach of the then essentially "victims" on what they say before the judge. "Fear" seems the magic word, and even if "note imminent serious physical harm (Please note that these are actually four separate elements) or not at all clear there, the orders areliberally granted yet.

The job itself has sixteen sub-parts, some mandates are and others are various prohibitions, and the judges, you can check the box next to the provisions which apply to review a particular order. Discussing all sixteen parts is best left for another day. The most common parts are:

Not to abuse, the plaintiff by the three cases of abuse are listed above.
Not to contact the applicant and keep a certain distance away from the plaintiff.E-mail contact. Send flowers to be contacted. All are injuries and crimes.
Let you stay and away from the residence of the claimant. It does not matter that the defendant resides or however, that the defendant has no other place to stay. Also does not matter if the defendant has the property or if the lease in the defendant's name alone.
Surrender all guns and licenses.

And of course, every order carries in large letters "violation of this order is aOffense is punishable by a fine or both. "

In this lawyer's opinion, the judges must be constantly reminded of the requirements of the law, and that things like a nuisance, excessive phone calls, e-mails or unannounced visits are generally not sufficient grounds for granting a 209A order, as unpleasant These measures can be. The "victims" can have a whole series of other criminal and civil recourse against the alleged offender, but to mend 209A orders someone triesLove life or to "calm things down" between ex-lovers are nothing less than blatant abuse of the law.

The extent to which one can order 209A is negative and almost ruin a person's life, at least with the way the law in Massachusetts is currently being handled is enough to accept as a true 209A Four Letter Word.

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