To get long-term custody and parenting time orders, including child support, you will need to file a family law case, such as a divorce or a custody case. A person considering possibly filing for a restraining order based on less than accurate claims needs to think closely about the consequences and penalties. A mark like this will paint the accused as a violent person and negatively affect future job opportunities. It is the product of evil twisted minds, who have no respect for our traditional sense of justice or of the protections provided in our Massachusetts Constitution of due process of law. You may even be stopped from filing it to begin with without first signing that certain behavior has or is occurring. On that date, you and the person filing a restraining order both need to come to court. Additionally, an innocent person is subjected to judicial process based on false contentions in an affidavit for a restraining order. Provide as much details as possible and including information about property damage, documentation about your abuse and police or medical records. Change in a copy of filing order, in your own and moved to this is obtained by phone records can get one Offering false or criminal consequences filing a restraining order is that i have the petitioner is the threat of a legal representation! The burden of proof when filing the petition is much lower than it is during a trial, which means that false accusations can stick more easily. Unfortunately, there are situations in which some are wrongfully accused and have to suffer the consequences. Consequences Of A Restraining Order A restraining order will make it illegal for the abuser (the respondent) to come within a certain distance of the abused (the petitioner). During this period, when his main concerns are about his physical survival, he is told that there will be a [final restraining order] hearing ten days from the filing of the complaint. The most common charge is see out of a similar situation is Falsification which is a misdemeanor of the first degree and carries up to 180 days in jail. Whether done out of miscommunication, a misunderstanding, or an emotional response, it can and sometimes does happen. Having a protective order filed against you can have very serious consequences which can potentially affect your parenting rights and employment opportunities. The victim will have to petition this order in the county courthouse that corresponds to one of the following: This type of restraining order will expire when you receive the final protection order. Out of spite towards a significant other after an argument or a breakup. Unfortunately, in an instance in which a restraining order is abused, the law and the courts take firm action in response to the misuse of the restraining order process. If a judge refuses to grant a restraining order because you were able to prove the petitioner's claims were false, their credibility would be very low should they attempt to do something similar in the future. Having no legal background, he has no inkling of the consequences of this hearing or of the goings on of a courtroom. A mark like this will paint the accused as a violent person and negatively affect future job opportunities. One such misunderstanding is filing a restraining order against a significant other. If the threat is real, this temporary emergency order can be extended, making it an emergency ex parte order. If it is issued, it could have all kinds of consequences he can't imagine right now. On the other hand, if a court issues a restraining order on the basis of true testimony when it should not have, that’s the fault of the court. However, some argue that restraining orders are not effective because they are only a piece of paper. I paid 3k to defend myself. However, the hearing may occur within ten days of the initial order. It is also known as a protective order or a victim protection order. Whether it is considered a misdemeanor or a felony depends on the state and circumstances involved, but for those who make perjurious statements, jail time is always a possibility. And they like it that way, thank you very much. Once a protective order has been served, the defendant may not have contact with the person protected by the order until the protective order is lifted. The effects of that type of conduct include damage to the legal structure set up to defend and protect victims of domestic abuse and harassment. 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