Restraining Order Defense in Massachusetts

Restraining Order Filed Against You? Your Reputation and Rights Are at Stake

Restraining orders—often issued during heated personal disputes—can have immediate and lasting consequences. Whether you’re seeking protection from abuse or defending yourself against an unfair order, understanding your legal rights is critical. Restraining orders can affect your freedom, employment, housing, and parental rights. Attorney Joseph Leone provides focused legal counsel in both obtaining and defending against restraining orders in Middlesex and Norfolk Counties.

Types of Restraining Orders in Massachusetts
There are several types of restraining orders under Massachusetts law:

• 209A Abuse Prevention Order: Typically issued in domestic assault or family-related situations involving allegations of physical harm, threats, or fear of harm.
• 258E Harassment Prevention Order: Available to individuals who are not related to the defendant but have experienced at least three acts of Criminal Harassment, intimidation, or abuse.

Both orders can be issued on an emergency basis without prior notice to the defendant and may prohibit contact, impose stay-away orders, or remove someone from a shared home.

Defending Against a Restraining Order
If someone has filed a restraining order against you, the stakes are high. A finding against you—even in civil court—can be used as evidence in future criminal proceedings or child custody disputes. Attorney Leone will examine the facts, challenge insufficient or false claims, and represent you at the restraining order hearing. Common defenses include:

• Lack of Evidence: Showing that the accuser’s claims do not meet the legal standard for a restraining order.
• False Accusations: Exposing motives behind fabricated allegations, especially during divorce or custody battles.
• Constitutional Violations: Arguing procedural errors or violations of your due process rights.

Having a restraining order on your record can lead to criminal charges if violated, so strong legal representation is essential.

Seeking a Restraining Order for Your Protection

If you are in fear for your safety due to physical abuse, threats, stalking, or harassment, legal protection is available. Attorney Leone can help you file a petition, gather supporting evidence, and represent you in court. In cases involving physical harm or threats, a 209A Abuse Prevention Order may be appropriate. If repeated harassment is the issue—such as threatening messages or unwanted contact—a 258E Harassment Prevention Order may be more suitable.

Restraining Orders and Related Criminal Charges
Restraining order cases often overlap with criminal charges such as Assault & Battery or Criminal Harassment. A civil restraining order hearing can be used by prosecutors to build a criminal case, so it is important to treat both with the same level of seriousness. Attorney Leone understands how these matters intersect and can build a coordinated defense to protect your rights.

Local Knowledge. Proven Results.
From his law office in Framingham, Attorney Joseph Leone represents clients throughout Middlesex and Norfolk Counties. His experience with local courts, judges, and law enforcement adds value to every stage of the process—whether you’re seeking a protective order or fighting one.

Act Quickly to Protect Your Rights and Reputation
If you’re involved in a restraining order matter—either as a petitioner or a defendant—Attorney Joseph Leone can help you navigate the process and build a strong case. Contact Leone Law Offices today to schedule a confidential case evaluation.