If you are the subject of a restraining order, understand that it is a very serious matter that deserves your prompt attention. You do, however, have important rights. If a person (known in the case as “the petitioner”) asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.) You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney.

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You should never ignore a restraining order request. Instead, you should get information about your rights and options, consult with a lawyer, and participate in the court process. Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.

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In most states, a court can enter a temporary restraining order that will last for a few days, without first holding a hearing and without the target of the order (known as “the respondent”) being present. However, the judge must conduct a formal hearing before entering a permanent order. These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

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 Attorney Susan M. Costa, P.C. has been handling Restraining Orders for 11 years and can help you through such troubling times. Attorney Costa, named a rising star by Super Lawyers, has emerged as a top criminal defense lawyers in Massachusetts earning her reputation the old fashioned way: winning one case at a time. Contact us today for a free consultation.