Restraining Orders

Marshfield Restraining Order Attorney

Why You Should Hire a Restraining Order Lawyer in Marshfield, MA

Restraining orders are court orders that prohibit the target of the order from having contact with the petitioner, their home, and their workplace. Targets of restraining orders must surrender their firearms and firearm licenses to local authorities. Once a judge issues a restraining order, the target of the order must abide by its terms. If they do not, they can face criminal charges

If you have been made the target of a restraining order or have been charged with violating one, contact a Marshfield restraining order lawyer immediately. At the Law Office of James Hester, our firm provides empathetic and supportive advocacy for anyone who has been subjected to a restraining order. We’ll do everything we can to get your life back to normal, including fighting against the restraining order or ensuring you’re able to live in your own home again (if that’s what you want).

Call our Marshfield restraining order lawyer at (619) 773-0041 or contact us online for a free consultation.

What Is a Restraining Order?

Put simply, a restraining order is a civil court order protecting a person from another person’s actions. A person may seek a restraining order against someone who has harmed them in some way or they fear will harm them in the future. A judge will only grant a restraining order if they feel that the order is necessary to protect the person seeking it, but in some cases, a court will issue an emergency order without offering you a chance to speak on your behalf.

There are two different types of restraining orders that a person can seek:

  • Protection orders against family members
  • Protection orders against alleged harassers

Protection orders against family members prohibits the target from contacting the other person, being near their home or work, appearing at their routine locations (like a daycare or a friend’s house), making direct or indirect contact, and other actions. Protection orders for harassment can be issued against any person (as opposed to a household member), and it is designed to prevent stalking or sexual harassment. There are similar restrictions included in this protection order as the first.

What Is a Restraining Order Violation?

When a judge issues a restraining order, it is usually against family member, an intimate partner, or a friend. While the restraining order (or “no-contact order”) is a civil order, violating its terms is a crime. If you’ve accidentally or inadvertently violated the terms of a protection order, you’ll be facing a criminal charge called “contempt.”

Contempt is a misdemeanor that carries a prison sentence of up to 2.5 years and a fine of up to $5,000. A person who has been charged with criminal contempt may also be required to pay restitution to the victim. The victim may also be awarded damages for any injuries caused by the violation.

What Are the Terms of a Restraining Order?

A judge will grant a restraining order if they feel that a person needs protection from another person. A person can seek a restraining order against a person who has harmed them in some way. It is designed to protect the person from future harm.

The terms of a restraining order can include:

  • Prohibiting the person from contacting the victim. This includes contacting the victim by phone, email, or text. It also includes contacting them in person.
  • Prohibiting the person from contacting the victim’s family and friends. This includes contacting the victim’s family and friends by phone, email, or text.
  • Prohibiting the person from being near the victim’s home or workplace. This includes being near the victim’s home or workplace.
  • Prohibiting the person from possessing a gun. If a person has been issued a restraining order, they can be prohibited from possessing a gun.

Given the strict nature of these terms, it’s vital to speak with a restraining order defense lawyer in Marshfield as soon as you’ve been charged. Ask about our firm’s payment plans and pay-later options as soon as possible.

Client Reviews

    "Very Prepared"

    When I first talked to Mr. Hester about my case I was in a panic and very stressed but after talking to him I felt a lot ...

    - LaTia
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    James is very helpful and efficient. He answers questions completely and explains options very well. I first met him as a he ...

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    Attny Hester was fabulous!!! Always replied to emails w/in an hour. Always available to speak on the phone. He takes the time ...

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