Can A Restraining Order Be Modified In Massachusetts

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Restraining Orders For Victims Of Domestic Violence Mass.gov


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8 hours agoA "Restraining Order" also known as as "209A Order" or an "Abuse Prevention Order" is a civil court order that provides protection from physical or sexual harm caused by force, or threat of harm from a family or household member. An Order can be obtained against: a spouse or former spouse. a present or former household member.

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The Challenge Of Modifying 209A Restraining Orders


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5 hours agoAttorney James M. Lynch reviews the different legal standards that can apply when modifying a 209A abuse protection order in Massachusetts. Click here for print friendly PDF format. A somewhat unusual case recently forced the Massachusetts Appeals Court to clarify the burden of proof in motions to modify existing 209A restraining orders.Abuse prevention orders

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Request A Harassment Prevention Order Mass.gov


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5 hours agoHow to requestRequest a harassment prevention order. During regular business hours on weekdays (8:30 a.m. – 4:30 p.m.) If the defendant is 17 or older — You can call the Superior Court, BMC, or the District Court whose jurisdiction covers where you live. If you’re not sure what court covers where you live, you can call the closest court

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Harassment Prevention Orders Mass.gov


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9 hours agoThe harassment prevention law can be used to protect you against anyone. The law allows you to seek a court order, which is sometimes called a 258E order, harassment prevention order, restraining order, or protective order. In court, the plaintiff is the person who asks the court to issue the order.

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Request An Abuse Prevention Order Mass.gov


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1 hours agoYou’ll need to call your local Superior Court, Probate and Family Court, Boston Municipal Court (BMC), or District Court to provide the required information to file: G.L. c. 209A (Abuse Prevention Order/Restraining Order) Application Forms (This package of forms includes instructions to plaintiffs, pages 1 and 2 of the complaint, the affidavit, the plaintiff confidential information form

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How Can I Modify A Restraing Order? Massachusetts


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5 hours agoA: The person that filed the request for the original restraining order may go to the court that issued the order and request that the judge modify it. Notice must be given to the other party unless their is an emergency.

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Massachusetts Restraining Orders WomensLaw.org


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2 hours agoThere are three types of orders. Emergency protective orders: The police may be able to help you get an emergency protective order, which is issued by a judge over the telephone through something called the “Emergency Judicial Response System,” if you are unable to appear in court to file for an order because: the court is closed; or; due to your physical condition, it would …

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Massachusetts Restraining Orders: Procedure And


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9 hours agoA restraining order may be obtained without notice to the alleged “abuser" by contacting the appropriate court (during court hours, generally 8:30 - 4:00 pm) or contacting the police department, which will assist applicants outside court hours. 2. The applicant must file an Affidavit disclosing the nature and details of the abuse.

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Obtaining And Defending Restraining Orders In Massachusetts


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3 hours agoIn Massachusetts people can obtain a restraining order under Massachusetts General Law (MGL) 209A, also referred to as an abuse prevention order, or under MGL 258E, also known as a harassment prevention order. Each has its own very specific requirements to obtain. Many people who are the victims of abuse or harassment benefit from these…

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How To Vacate A 209A Restraining Order Legal Guides Avvo


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8 hours agoDistrict Court Restraining Orders Any court of law or equity with competent jurisdiction can issue a Restraining Order in MA (District Court, Probate & Family Court and Superior Court). Most typically, an injured party will file an Ex Parte Complaint for an Abuse Prevention Order under M.G.L. c. 209A in the District Court.

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How Can I Have A Temporary Restraining Order Modified To


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8 hours agoHow can I have a temporary restraining order modified to making it a no contact order for both individuals.

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Restraining Order/abuse Prevention Order Court Forms


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8 hours agoG.L. c. 209A (Abuse Prevention Order/Restraining Order) Application Forms (PDF 949.01 KB) This package of forms includes instructions to plaintiffs, pages 1 and 2 of the complaint, the affidavit, the plaintiff confidential information form, and the defendant information form. Do not email these forms to the court without calling first; emailed

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How To Obtain A Restraining Order In Massachusetts Legal


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5 hours agoIf you need a restraining order when the court is closed, call your local police department for assistance. Relief You Can Get From a Restraining Order If the judge decides to grant the order, there are certain things you can request. You can ask for any of the following: 1. Defendant NOT abuse you 2. Defendant stay away from you 3.

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Requesting Or Defending Against Injunctive Massachusetts


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7 hours agoMassachusetts Litigation Forms and Analysis, vol. 1 Chapter 12 Restraining Orders and Injunctions(2003) (sample forms and law) Massachusetts Practice Series, Rules Practice , vol. 7 Rule 65 (2 nd Ed.) (law) MassachusettsPractice Series, Procedural Forms Annotated , vols. 10-10C (6 th Ed.) (sample forms and law)

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Q&A – Protection Order Motions And Appeals


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Just NowThe district court can affirm, modify, or vacate the justice court’s order. (In other words, the district court can keep the order in place, change it in some way, or do away with it completely.) There is a $97 filing fee to file an appeal, but there is no requirement that a bond be posted.

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Massachusetts Restraining Orders WomensLaw.org


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6 hours agoUnder Massachusetts state law, any ex parte, temporary, or final protection orders issued by civil or criminal court in another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, the District of Columbia, or a tribal court can be enforced throughout Massachusetts as long as the order was issued for the

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Modifying, Dissolving, Or Appealing A Protection Order


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8 hours agoThe applicant can appear at the hearing to oppose the adverse party’s motion. If the Motion to Dissolve is granted after a hearing, the protection order will become immediately void and unenforceable. The adverse party can file a Motion to Modify the protection order, and the court might schedule a hearing on the motion.

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Restraining Orders: Steps For Getting An Abuse Prevention


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3 hours agoIf the abuser has received notice of the hearing, but does not show up, the judge can continue with the hearing and grant you an order that lasts for up to one year. 2 If the abuser was not able to be served, the judge may order a new hearing date and extend your temporary restraining order.

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Change Or End A Restraining Order Dv_abuse_selfhelp


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5 hours agoIf you want to change (modify) or end (terminate) any of the orders made by the court in the Restraining Order After Hearing (CLETS - OAH) (Form DV-130) you have to file a request in court before date that the Restraining Order expires.You can do this if you are the person protected by the order or the person restrained by the order.

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Restraining Orders: Who Can Get An Abuse Prevention Order


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1 hours agoThere is no filing fee to get an abuse prevention order. In addition, you cannot be charged for: certified copies of the order; any copies of the file that you may need for future court action or as a result of the loss or destruction of your copies. 1 You do not need a lawyer to file for a protection order but it is often helpful to have one, especially if the abuser has a lawyer.

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Obtaining A Restraining Order Amherst, MA Official Website


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8 hours agoObtaining a Restraining Order. Obtaining a Restraining Order. The town of Amherst falls within the jurisdiction of the Eastern Hampshire District Court which is located at 205 State St, Belchertown, MA 01007. If court is in session, weekdays 8:30 AM to 4:30 PM, you must go to the Eastern Hampshire District Court to obtain a restraining order.

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Scam Artist Issued A Restraining Order On Me Because I've


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8 hours agoThat is a very different thing. If that is what happened, you have two rational choices: either obey the restraining order to the letter, or get an attorney and bring a petition to the court for the restraining order to be dissolved or cancelled or modified. Worst case if you violate a court-issued restraining order?

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General Domestic Violence Restraining Orders WomensLaw.org


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7 hours ago

1. General information explaining what restraining orders are and how they can help you. In general, domestic violence restraining order laws establish: who can file for an order;
2. Information for when an abuser violates a restraining order. When the abuser does something that the court has ordered him/her not to do, or fails to do something the court has ordered him/her to do, s/he may have violated the order.
3. Civil contempt is different than criminal contempt. When a person violates a protection order, s/he might be held in civil contempt or criminal contempt.
4. Civil Contempt. When a person is facing civil contempt, usually it means that the judge will issue another court order that tries to make the person follow the original protection order.
5. Criminal Contempt. When a person is facing criminal contempt, s/he faces the possibility of more serious fines and even imprisonment as penalties if a judge finds that s/he has violated the order.

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Domestic Restraining Orders: Traps For Unwary Parents


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4 hours agoMassachusetts lawyer James M. Lynch reviews how Abuse Prevention Orders can affect unwary parents. Click Here for print friendly PDF format. The standard domestic Abuse Prevention Order issued by the Trial Courts in Massachusetts under G.L.c. 209A (209A Orders) presents a veritable blast of red flags for defendants. Each of those red flags represents a real …

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Restraining Orders Abuse_selfhelp


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1 hours agoRestraining Orders. A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.”. The person the restraining order is against is the “restrained

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Restraining Orders UMass Police Department UMass Amherst


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6 hours agoSearch Google Appliance Enter the terms you wish to search for.

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Ask For A Restraining Order Dv_abuse_selfhelp


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4 hours agoA restraining order is right for you. Read Can a Domestic Violence Restraining Order Help Me? (Form DV-500-INFO audio). You qualify for a domestic violence restraining order. You and the person you want to restrain must be: married or registered domestic partners, divorced or separated, dating or used to date, living together or used to live

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CT Judicial Branch Statistics Protective Restraining Orders


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8 hours agoIn some cases a protective order can be removed prior to the underlying case being settled. Standing Criminal Restraining Order (section 53a-40e of the Connecticut General Statutes is an order that is issued usually at the end of a criminal case. These are lifetime orders and remain in effect until further order of the court.

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Blame The Legislature: Confusion Envelopes Massachusetts


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6 hours ago

1. In 2012, the state’s highest court was asked to decide the constitutionality of Chapter 258E. The plaintiff in that case, O’Brien v. Borowski, 461 Mass. 415 (2012) (O’Brien), argued the statute was unconstitutionally overbroad “on its face” because it regulates speech that is protected by the First Amendment and Article 16 of the state constitution. The SJC declined to find Chapter 258E unconstitutionally overbroad in its entirety. However, the Court gave the law a “narrowing construction.” Under O’Brien, each of the three acts that constitute harassment pursuant to the statute must either be a “true threat” or “fighting words” in cases where the alleged harassment is not an intentional act of either unlawful violence or property damage. In other words, words or acts that are constitutionally protected speech could not be grounds for the entry of a harassment order following the 2012 decision, despite the broad language of the G.L. c. 258Estatute, which defines “harassment” in far b...

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General Domestic Violence Restraining Orders WomensLaw.org


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6 hours agoPlease select your state in the drop-down menu above to read about the restraining order laws in your state. Also, in our Videos page, you can watch brief videos about protection orders in Spanish with English sub-titles and our Online Information Clinic recordings, in English, on this topic.. Restraining order laws are state laws and each state has different laws (also called …

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BREAKING: Court Grants Temporary Restraining Order Against


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2 hours agoThe order can be read here. Judge Stearns heard oral arguments on the matter on Friday, May 1. A summary of the oral arguments can be found here. While the decision was a little bit delayed—it was expected to be issued yesterday—it's easy to see why. The judge's order is 29 pages long. Quick Refresher on Temporary Restraining Orders

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Renew A Restraining Order Dv_abuse_selfhelp


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1 hours agoYour current Restraining Order After Hearing (Order of Protection) (Form DV-130); and; A blank Response to Request to Renew Restraining Order (Form DV-720) (for the restrained person to use to answer). Remember, someone over 18 -- NOT you or anyone protected by the restraining order -- can serve the order.

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Colorado Judicial Branch Self Help Protection Orders


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8 hours agoIf your Protection Order is modified, you may also be given a new Temporary or Permanent Protection Order that states the new conditions of your Protection Order. If the restrained person is not there for the hearing, then they must be personally served with a copy of the court order and the new Protection Order as soon as possible.

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Civil Harassment Abuse_selfhelp California


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4 hours agoIf the person to be restrained violates the restraining order, he or she may go to jail, or pay a fine, or both. Types of Civil Harassment Restraining Orders. Emergency Protective Order (EPO) An EPO is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue EPOs 24 hours a day.

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Minnesota Judicial Branch Domestic Abuse And Harassment


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Just NowOrder for Protection Forms. Ask for Order for Protection: Use these forms if you or your child need protection from a family member or someone who lives in your household who is threatening you, physically hurting you, preventing you from calling 911, or otherwise harming you or your child. *New!* Use Minnesota Guide & File to create the forms you need to Ask for a MN Restraining Order

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Massachusetts Bay Transportation Authority V. Anderson


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2 hours agoThe students also modified their event description to remove the reference to "free subway rides for life," and made other small alterations to the event description. On August 8, 2008 the MBTA filed a complaint and motion for a temporary restraining order against the students and MIT.

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Restraining Order Violators, Corrective Programming And


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9 hours ago* The typical defendant before Massachusetts courts is a violence prone, poorly educated, under-employed, indigent person with a serious substance abuse problem. * 43% had two or more victims who were unrelated in their history of civil restraining orders. * 42% of defendants were found guilty, 20.2% had their case continued without a

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Massachusetts Restraining Order Attorneys Lynch & Owens


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5 hours agoBecause the issuance of a 209A restraining order is generally decided in a single hearing, we can offer affordable representation to clients who are seeking to defend or obtain a 209A restraining order in a single hearing. Our initial retainer for representing clients in a hearing to obtain a 209A abuse prevention order is $3,500.00 .

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Find A Brockton, MA Restraining Orders Attorney


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7 hours agoFind a local Brockton, Massachusetts Restraining Orders attorney near you. Choose from 3 attorneys by reading reviews and considering peer ratings.

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Protective Orders Tarrant County, Texas


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Just NowA protective order is a civil court order issued by a court to prevent continuing acts of family violence, dating violence, stalking or sexual assault. Generally, a protective order is valid for up to two (2) years and is enforceable by law enforcement. A protective order can order the abuser to: stay a specified distance, such as 200 yards or

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Find A Housatonic, MA Restraining Orders Attorney


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9 hours agoFind a local Housatonic, Massachusetts Restraining Orders attorney near you. Choose from 1 attorneys by reading reviews and considering peer ratings.

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Restraining Orders: Getting Your Oregon Restraining Order


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7 hours agoFederal law does not require you to take any special steps to get your restraining order enforced in another state. Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid restraining order is enforceable regardless of whether it has been registered or filed in the new state. 1 Rules …

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Find A Beverly, MA Restraining Orders Attorney


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6 hours agoFind a local Beverly, Massachusetts Restraining Orders attorney near you. Choose from 6 attorneys by reading reviews and considering peer ratings.

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Restraining Order Legal Definition Of Restraining Order


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4 hours agorestraining order: A command of the court issued upon the filing of an application for an Injunction , prohibiting the defendant from performing a threatened act until a hearing on the application can be held. A restraining order is an official command issued by a court to refrain from certain activity. Restraining orders are sought by

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Find A Needham, MA Restraining Orders Attorney


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6 hours agoFind a local Needham Massachusetts Restraining Orders attorney near you. Choose from 14 attorneys by reading reviews and considering peer ratings.

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Find A Lexington, MA Restraining Orders Attorney


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8 hours agoFind a local Lexington, Massachusetts Restraining Orders attorney near you. Choose from 3 attorneys by reading reviews and considering peer ratings.

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Frequently Asked Questions

Where can I get a restraining order in Ma??

Any court of law or equity with competent jurisdiction can issue a Restraining Order in MA (District Court, Probate & Family Court and Superior Court). Most typically, an injured party will file an Ex Parte Complaint for an Abuse Prevention Order under M.G.L. c. 209A in the District Court.

How can plaintiffs and defendants modify 209a restraining orders in Massachusetts??

Here is how Plaintiffs and Defendants can modify 209A restraining orders in Massachusetts. Attorney James M. Lynch reviews the different legal standards that can apply when modifying a 209A abuse protection order in Massachusetts.

Can a district court issue a restraining order??

District Court Restraining OrdersAny court of law or equity with competent jurisdiction can issue a Restraining Order in MA (District Court, Probate & Family Court and Superior Court).

When does a temporary restraining order run out??

If the judge signed the Temporary Restraining Order ( Form DV-110 ). If the judge made any changes to the orders you asked in your request. When your court hearing is, on the Notice of Court Hearing ( Form DV-109 ). The court hearing is also the date your temporary order runs out.

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