English
EspañolIs shutting off utilities a violation of a restraining order?
In some states, there is a specific restriction included in the protection orders that prohibits the respondent from disrupting or shutting off any utilities. [NOTE: THIS IS THE CASE IN MASSACHUSETTS. - PLEASE CHECK THE QU ‘WHAT PROTECTIONS CAN I GET IN A PROTECTION ORDER?’ IN HER STATE TO SEE IF IT’S THERE. IF IT IS, COPY IT AND TELL IT TO HER. IF IT’S NOT, SAY: However, I don’t see this specific term as something that’s normally included in STATE’s law, as you can see on our website [HYPERLINK TO THE PRIOR QUESTION].
[IF YOU DO NOT SEE IT LISTED AS A PROTECTION IN THE ORDER, USE THIS PARAGRAPH (IF YOU DO SEE IT, THEN CHANGE THIS LANG TO TALK ABOUT FILING FOR CONTEMPT): Perhaps it may be possible for someone to convince a judge that shutting off utilities of any sort might be considered “harassment” and therefore a violation of a restraining order but I am not sure how a judge would rule on that. In general, when someone files for contempt, they are asking the judge to take specific actions due to a violation of the order. So, for example, it could be possible to include in the contempt petition a request to order the respondent to turn back on the utilities that were shut off by a certain date and/or to not interfere with, shut off, or otherwise disrupt any other utilities related to the home or the petitioner.
For legal advice and help with filing a contempt petition if your sister chooses to do this, she may want to connect with a lawyer. You can find legal referrals on our Finding a Lawyer page. [HYPERLINK]
