How Restraining Orders Can Benefit a Person in Divorce Proceedings Under Massachusetts Law – Guest Post

Divorce is a time when many emotions come into action making it a difficult process for both parties. In some situations, the issues of safety and well-being become a cause for concern, thus making the legal system’s protections vital. In Massachusetts, restraining orders, specifically the Abuse Prevention Order (APO), are of great importance in protecting individuals who are going through a divorce from harm. These legal tools not only give instant protection but also can be a decisive factor in the divorce.

Abuse Prevention Orders in Massachusetts

Massachusetts law allows for several types of restraining orders, among which the Abuse Prevention Order, often called a 209A Order, is the most prevalent in divorce cases. This order aims at preventing any abusive behavior from a family member or a cohabiting individual. It deals with the people who are married, have a meaningful dating relationship, or have children together.

An APO can have multiple components, including, but not limited to, the following:

• Restricting the abuser from approaching or communicating with the victim in any manner.
• Mandating that the abuser leave the shared home.
• Granting temporary custody of children to the victim.
• Mandating the surrender of firearms by the abuser.

The abuse prevention order lawyer Markey Law Partners can guide individuals through the process of obtaining an APO, ensuring that the order effectively meets their needs.

Role of Restraining Orders in Divorce Proceedings

Restraining orders can have a momentous effect on the divorce proceedings. When a spouse feels threatened and obtains an APO, it can:

Ensure Immediate Protection

An APO offers the legal protection needed, thus the risk of further harm is reduced. This is of utmost importance in such cases where the divorce may cause violent or threatening behavior.

Affect Custody Decisions

The approach of courts in Massachusetts is quite simple – to keep the children safe and secure is the primary concern. In instances where one parent has been abusive, the court may decide to limit their custody or visitation rights to the parent who obtained the APO.

Influence Property Division

The courts may take into account the abuser’s behavior when deciding on the marital assets in cases where the abuse has happened. An APO can also be used as proof of such behavior, which might lead to a more favorable division of assets for the victim.

Support Alimony Requests

Moreover, the existence of an APO can influence the alimony decisions. The court may decide to give the victim alimony, particularly if the abuse has been the cause of financial problems.

Strengthen the Victim’s Position

Indeed, a restraining order can lead to a stronger standing of the victim in the negotiations, and it is because of the fact that the abuse was very serious. So, this can mean to have a more favorable settlement.

How to Obtain an Abuse Prevention Order

A victim in Massachusetts can get an APO by first filing a complaint in the district or probate court. The procedure starts with a temporary order which is usually granted the same day, and then one hearing is scheduled within ten days. At the end of this hearing, the court decides whether to prolong the order for up to a year.

Partnering with the law firm Markey Law Partners and their specialized lawyer of abuse prevention orders has its benefits and should not be underestimated. They can help in preparing the required documents, speaking on behalf of the victim in court, and also making sure that the order is complete.

Conclusion

The Abuse Prevention Orders, which are a form of restraining orders, are very effective legal instruments that can be a big help during divorce in Massachusetts. They are the means to gain immediate protection, they influence the divorce outcome, and they finally, help to ensure that the divorce is not decided in an unfair manner. In case of domestic violence in marriage, if you are thinking of divorce getting legal help from an abuse prevention order lawyer Markey Law Partners could be a very important step for you to get safety and a good future.