Boston Restraining Orders Attorneys

Types of Restraining Orders in Massachusetts

Attorneys James G. DeGiacomo and Sergey Mikhlin assist both plaintiffs and defendants in restraining orders (both Abuse Prevention Orders and Harassment Prevention Orders). Our Boston restraining orders attorneys can help you with,

• Abuse Prevention Orders, which are governed by MGL c. 209A and are granted when the plaintiff and the defendant are considered family or household members.
• Harassment Prevention Orders, which are governed by MGL c. 258E and are granted when the plaintiff can show that the defendant has engaged in a pattern of three or more instances of harassment.

As litigation attorneys and former prosecutors, Attorneys James G. DeGiacomo and Sergey Mikhlin understand the issues that judges consider when granting or denying restraining orders. Before going to court, it is important to understand what must be shown for a judge to grant these orders. In addition, you must know the ramifications of these orders, which can include temporary custody of children, removal from a home, and even limited access to a town or city.

For both Abuse Prevention Orders and Harassment Prevention Orders, the process usually begins with a request for an emergency, or “ex parte,” order at a local District Court or the Boston Municipal Court. The judge will decide, based only on the plaintiff’s statement, whether to issue a temporary order that can remove someone from a shared residence, restrict contact, or create stay-away zones in parts of Boston and surrounding communities. A full hearing is then scheduled, typically within about 10 business days, where both sides can present testimony, documents, and witnesses before the court decides whether to extend the order for a longer period.

Because the standard of proof and the legal elements are different under MGL c. 209A and MGL c. 258E, it is important to work with counsel who can explain exactly what the plaintiff must prove and what defenses may be available. A restraining order attorney Boston residents contact early in the process can help gather phone records, messages, social media posts, and other evidence that may support or challenge claims of abuse or harassment. Careful preparation before the first hearing can influence whether an order is granted, modified, or terminated and can reduce the risk of unexpected consequences for housing, employment, or immigration issues.

Contact our Boston restraining orders attorneys online or call us at (617) 941-3666.

Protecting Your Safety with a Restraining Order in Boston

Are you or a loved one in a situation where you feel threatened or unsafe? A restraining order can provide legal protection and peace of mind. Our Massachusetts restraining order attorneys at DeGiacomo and Mikhlin, P.C. understand the sensitive nature of these cases and are dedicated to helping you navigate the legal process with compassion and care.

In Massachusetts, people seeking protection can often file for an order at the local District Court serving their community, the Boston Municipal Court if the incident occurred within the city, or, in some situations, the Probate and Family Court. The forms ask for specific descriptions of recent incidents, so it is important to be as clear and detailed as possible about dates, locations, and what was said or done. Our Boston restraining orders attorneys James G. DeGiacomo and Sergey Mikhlin can help you prepare a sworn statement that focuses on the information judges rely on most, without including unnecessary detail that may distract from the central safety concerns.

Benefits of obtaining a restraining order include:

• Legal protection from harassment or abuse
• Peace of mind and increased safety
• Ability to remove the abuser from your home or workplace
• Access to legal resources and support
• Enforcement of legal consequences for violating the order

In addition to filing the paperwork, many people need help planning what will happen immediately after an order is issued, including arranging safe housing, child care, and how to handle shared property or parenting time. DeGiacomo and Mikhlin, P.C. can coordinate timing so that, when possible, police serve the order at a time that reduces the risk of confrontation and confusion. The firm can also advise on how the order interacts with any parallel criminal case, divorce, or child custody matter that may be pending in a Massachusetts court.

Our team of Boston restraining orders attorneys is committed to providing personalized legal counsel to help you understand your options and take the necessary steps to protect yourself and your loved ones. Contact us today for a confidential consultation.

Defending Against a Restraining Order With the Help of Our Boston Restraining Orders Attorneys

Being served with a restraining order in Boston can feel shocking and unfair, especially if you believe the allegations are exaggerated or false. You may be removed from your home, lose contact with children, or be ordered to stay away from places you visit every day. Attorneys James G. DeGiacomo and Sergey Mikhlin regularly guide defendants into the Boston Municipal Court and nearby District Courts, helping them understand what the order means and what they must do immediately to avoid additional legal trouble.

For people defending against an order, the first hearing may be the only chance to present their side of the story before the court decides whether to extend the order for months or even a year. The attorneys take time to review the affidavit line by line, gather text messages, emails, social media posts, and potential witnesses, and prepare clients to testify clearly and respectfully. As former prosecutors, they know how judges evaluate credibility and inconsistencies, and they use that knowledge to highlight gaps or contradictions in the allegations without escalating conflict in the courtroom.

Many defendants also face related criminal charges, such as assault and battery or threats, filed in the same Boston-area court where the restraining order is pending. DeGiacomo and Mikhlin, P.C. can build a coordinated approach that considers both the criminal case and the civil order so that decisions made in one matter do not unintentionally harm the other. This careful strategy helps clients make informed choices about whether to testify, whether to agree to any modifications, and how to document future interactions in case the plaintiff returns to court seeking further extensions or new orders.

What Are the Penalties for Violating a Restraining Order?

Both types of restraining orders are civil orders, however, a violation of either order is a criminal offense and can result in significant jail time.

In practice, an alleged violation is usually charged in the District Court or Boston Municipal Court where the order was issued, and the police report will be compared closely with the exact language of the order. Even unintentional contact, such as a phone call made by mistake or being seen in a stay-away area, can lead to an arrest if it appears to conflict with the terms on the order. A restraining order lawyer Boston defendants turn to can review the order line by line, explain what conduct is clearly prohibited, and help present evidence if there is a misunderstanding, a case of mistaken identity, or a situation where the protected party initiated the contact.

Aside from possible jail sentences and probation, a conviction for violating a restraining order can carry long-term consequences, including problems with employment background checks, immigration status, and future family court proceedings. Judges may also consider prior violations when deciding whether to extend or modify an existing order. By getting advice before speaking to the police or the court, people accused of violating an order can avoid making statements that may be taken out of context and can work with counsel on a plan that addresses both the criminal charge and any changes that may be needed to the underlying civil order.

DeGiacomo and Mikhlin, P.C. Restraining Order Legal Counsel

If you have been served with a restraining order, or if you already have a pending restraining order that you want assistance with, contact Attorneys James G. DeGiacomo and Sergey Mikhlin today for a review of your case. Our attorneys will meet with you to prepare your case and will appear in court with you to ensure your interests are heard.

Clients who contact the firm early often benefit from a clear, step-by-step explanation of what will happen at the first hearing, how to dress and behave in front of a judge, and what documents or witnesses they should bring. DeGiacomo and Mikhlin, P.C., represent people in Boston and throughout Massachusetts, so they are familiar with how different courts schedule cases, handle crowded restraining order sessions, and respond to requests to modify or terminate existing orders. This practical guidance can make a stressful experience feel more manageable and help clients avoid common procedural mistakes that might otherwise affect the outcome.

Reach out to schedule a consultation with our legal team today.

Frequently Asked Questions

Where Do I File for a Restraining Order in Boston?

People in Boston can usually file for an Abuse Prevention Order or Harassment Prevention Order at the Boston Municipal Court or the District Court that covers the neighborhood where the incident occurred or where one of the parties lives. In some situations involving family or parenting issues, the Probate and Family Court may also be an option. Court staff can provide the correct forms, but they cannot give legal advice about what to write, so it is important to speak with a Boston restraining orders attorneys if you have questions about what information the judge needs to see.

How Quickly Can a Restraining Order Be Issued in Massachusetts?

In urgent situations, a judge can issue a temporary restraining order on the same day, and courts in the Boston area often handle these requests during normal business hours and sometimes through an on-call judge after hours. This is called an “ex parte” order because the judge hears only from the person asking for protection. A second hearing is then scheduled within a short period of time, usually within about 10 business days, so that the other party can appear and respond before the court decides whether to extend the order.

What Should I Do Immediately After Being Served with a Restraining Order?

Anyone who is served with a restraining order in Massachusetts should read every page carefully and follow the listed conditions exactly, even if they disagree with the allegations. It is important to avoid any contact that could be viewed as a violation, including messages through friends or social media, until the court changes the order. Bringing the paperwork to a lawyer promptly allows time to prepare for the next hearing, gather evidence that may help your position, and plan how to handle practical issues such as housing, work, or parenting time that may be affected by the terms of the order.

Call Boston restraining order lawyers James G. DeGiacomo and Sergey Mikhlin now at (617) 941-3666 for your FREE Case Evaluation.