English
EspañolV got RO in state where she doesn't live; A asks if that is legal
[THIS IS STATE-SPECIFIC LANGUAGE BUT YOU CAN AMEND IT AND PULL LANGUAGE FROM HERE]
You asked if it is legal for your wife to get a restraining order in MA when she lives with you in NH. Normally, a person filed for a restraining order in the county where they live or where the abuse occurred, but if she left the state to stay safe, that may have been a good enough reason, according to the MA courts, to grant her the restraining order. So, while I cannot say for certain, it does not appear to be illegal for her to have gotten a restraining order in MA. Also, you should know that a restraining order is valid and enforceable in all 50 states, so as long as it is in effect, you have to abide by it, whether she is in MA, NH, VT, or any other state.
Commonly, filing for restraining orders in MA is a 2-step process:
1. First, a Temporary (also called an ex-parte) order is issued. This is issued to the alleged victim without the alleged abuser knowing about it.
As soon as a Temporary order is issued, the alleged abuser will be notified that there is an order against him, and a date will be set within 10 business days for a full court hearing where the alleged abuser has a chance to be present and tell his side of the story.
If the alleged abuser does not appear at the scheduled court hearing, the temporary order will remain in effect and the alleged victim will continue to be protected by it until the expiration date of the order.
2. Second, if the alleged abuser shows up at the scheduled court hearing, the alleged abuser and victim will each have a chance to explain his or her side of the story to the judge. This is your chance to present evidence, witnesses, etc. The judge will decide whether or not to issue a longer term restraining order, which is valid for a set period of time, up to one year. The judge may decide not to issue a restraining order, at which point the Temporary order will also expire, and so there is no restraining order in place at all.
So – I don’t know if you have had your scheduled hearing yet or not. If you choose not to show up, you risk the judge issuing a long-term order without ever giving you the chance to tell your side of the story.
You asked if there is any way to get the order dropped. Apart from showing up for your court hearing and trying to explain to the judge why you do not think the order should be issued against you, I’m not sure what your legal options are. You may want to speak with a lawyer and ask if there is any way to appeal the judge’s decision or do anything else legally to have the order dropped. However, it is important to keep in mind until the order is dropped, any violation of the order is illegal and you risk legal ramifications if you choose to violate it.
