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Restraining Orders

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Winning the Restraining Order Hearing

Being served with a restraining order is a disquieting and, oftentimes, unexpected development. If you have been served with a temporary restraining order, you may rightly feel that you have been denied your right to defend yourself. After all, even a temporary restraining order may impose considerable hardships on you, including having to immediately vacate your residence, suspend all contact with someone you care about, and stay away from your place of employment. We have successfully prevented restraining orders from issuing against clients in the District Courts of Cambridge, Woburn, Waltham, Somerville, Newton, and Boston. Our lawyers are ready to advise, assist and defend you.

Explaining the Restraining Order Process

In Massachusetts, those seeking restraining orders need only complete an affidavit explaining why they believe the person against whom they are seeking the protective order poses an imminent danger to them, and then appear before a judge to verify the representations in the affidavit and, perhaps, answer a few questions. The judge often grants a temporary restraining order to the complainant. This temporary order will inform the recipient of a hearing date, usually within 10 to 14 days. At that hearing, the judge will hear from both the complainant and the defendant before deciding whether to issue a permanent restraining against the defendant.

If someone has obtained a temporary restraining order against you or is seeking a permanent restraining order against you, strongly consider retaining a knowledgeable, experienced restraining order defense lawyer to represent you at the hearing. In Massachusetts, while a restraining order is a civil order, it appears on your criminal record permanently. A restraining order gives the recipient enormous power over you; the complainant need only telephone the police to report having seen you drive by her home to have you arrested.

If you have already been arrested because the complainant accused you of domestic assault and battery or some other crime, the hearing on the restraining order may be your criminal defense lawyer’s only chance to cross-examine the complainant before the criminal matter proceeds to trial. An experienced criminal defense attorney will use this opportunity not only to undermine the complainant’s credibility, but to commit her to a set of facts, explore any inconsistencies, and create a court record of her testimony.

Massachusetts Restraining Order Lawyer’s Record

Attorney Mahoney has prevented restraining orders from issuing against the vast majority of his clients. Hearings on restraining order applications are not won with empty rhetoric or recitation of the legal standard – they are won through effective, thorough and aggressive cross-examination. In his best selling book, Relentless Criminal Cross-Examination, he devotes an entire chapter to teaching lawyers how to successfully cross-examine alleged victims.

Retain a Cambridge, Massachusetts Criminal Defense Lawyer

Contact Massachusetts Restraining Order Lawyer Kevin J. Mahoney at 617-492-0055 to arrange a free in-office consultation with us in our Cambridge, MA office.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Violation of Restraining Orders
  • Dangerousness Hearings
  • Stalking & Criminal Harassment
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