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209A is in fact four letters in Massachusetts, and this is because the bad effects of 209a, in order to the person against whom it is issued. For the unaware, 209A is the common name for the types of Massachusetts domestic restraining orders, and it refers to the number of chapters of the Massachusetts General Laws entitled "Abuse Prevention", for the exhibition and provides an overview of the processes and procedures for those contracts. The purpose of the Act was to the rising cases of domestic violence and victims of domestic violence is a much needed tool to familiarize himself with the help of the court.
Sounds great in theory. In reality, the much-needed tool was an all too easy to use weapon. Judges routinely ignore the narrow definition of abuse, as defined in the Act:
(a) attempting to cause harm or physical harm, (b) the other in fear of imminent serious physical harm, (c) to another, is in involuntary sexual relations by force, threat or coercion.
In addition, the law provides that these orders can only be granted where there is a blood, marriage, dating, or co-habitation relationship. Ex-spouses, ex-fiancé, ex-friends are well. For the nomenclature straight, and for the purposes of this discussion: The applicant is the person who the court for the order, Defendant is the person against whom the order is issued.
Too often, a vengeful ex-spouse fabricates or exaggerates a seemingly very benign incident in an attempt to create a 209A, in order for their benefit. A state employed victim witness Advocate is appointed, the trainer is essentially "victims" on what to say before the judge. "" Fear "seems to be the magic word, and even if" imminent serious physical harm "(note that they are actually four separate elements) is not obvious or not at all, but the orders are granted generously.
The order has SIXTEEN parts, some of whom have different mandates and other prohibitions, and the judge can check the box next to the provisions on a particular order. Discussion on all sixteen parts is best for another day. The most commonly used are:
o not to be misused by the plaintiff, the three cases of abuse above.
o not to the plaintiff and will remain a certain distance away from the plaintiff. E-mail contact. Sending flowers is contact. All injuries, and therefore criminal.
o leave and stay away from the residence of the plaintiff. It does not matter that the defendant lives there as well or that the defendant has no other place to stay. It also does not matter whether the defendant owns the property, or if the rent in the defendant's name alone.
o surrender all weapons and licenses.
And of course, each order bears in large letters "FAILURE This order is a criminal act punishable by imprisonment or fine or both. ""
In this lawyer believes judges must be constantly reminded of the requirements of the law, and that things, just like anger, excessive phone calls, e-mail, or unannounced visits are not usually sufficient grounds for issuing a 209A order, as unpleasant as the measures. The "victim" can be a whole series of other criminal and civil proceedings against the alleged perpetrators, but orders 209A patch tried to love somebody's life or to "calm things" between the ex-lovers are nothing less than blatant Abuse of the law.
The extent to which a 209A order to have a negative impact on the ruins and almost a person's life, at least with the way the law is currently in Massachusetts, is enough to accept 209a as a real four-letter.
Boston Attorney Dmitry Lev handles Criminal Court Defense and 209A Restraining Order Defense cases in Massachusetts. In addition, Attorney Lev supports people who Restraining orders against them and hope that these orders removed, as well as for breach of such contracts.
Attorney Lev http://www.levlaw.net/blog in a blog and a website at http://www.bostoncriminallaw.net
Attorneys D. Lev, PC
77 Franklin St., 3rd Floor
Boston, MA 02110
(617) 556-9990
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