Restraining Order Hearings Move Fast.
Preparation Matters.
Restraining orders can be issued quickly and can carry serious personal and legal consequences. Whether you are trying to find out if an order has been issued, preparing to oppose one in court, or responding in a situation that also involves criminal allegations, it’s important to understand the process and protect your rights from the start.
How Do I Know If There Is a Restraining Order Against Me?
The best way to find out is to call the clerk of the court closest to where you or the other party lives. The person applying for the restraining order can ask the judge to issue the order without notifying you (the defendant) if the accuser demonstrates that there is a “substantial likelihood of immediate danger of abuse.” The judge may issue the order against the defendant for up to 10 days. After that, the defendant must be notified and given the opportunity to come into court to oppose the order.
How Do I Prevent a Restraining Order From Issuing Against Me?
You have the right to be represented by an attorney at a restraining order hearing, and it is recommended that you do secure counsel. First, the hearing is being recorded. That means that the prosecutor can get the audio recording and use your words against you at a later date. In addition, if there is a pending criminal case that is related to the restraining order, your words could be used against you at trial to make you look guilty or to help prove your guilt.
Should I Hire an Attorney to Represent Me at a Restraining Order Hearing?
Yes. At the restraining order hearing, Attorney Lown will have the opportunity to cross examine the accuser. That means that Attorney Lown can question the accuser in such a way as to potentially reveal that the accuser is not telling the truth or that they have ulterior motives.
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Further, if there is also a criminal case, the restraining order hearing is Attorney Lown’s first opportunity to begin preparing your defense. The hearing shows Attorney Lown how the accuser will testify on the witness stand and it provides a better sense of what the accuser will say at trial. Everything the accuser says is also recorded. That means that if the accuser tries to change their story at trial, Attorney Lown will have an audio recording of their prior statements.
Why the Hearing Record Matters
Because restraining order hearings are recorded, what is said under oath can matter later—especially if there is a related criminal case. The hearing can become an early opportunity to understand allegations, identify inconsistencies, and preserve testimony that may be important if the situation escalates into a prosecution.
PRIOR CASES
Lown defeats wrongful restraining order in Lynn District Court
After an extraordinary hearing that lasted over 4 hours, Attorney Lown prevailed on behalf of his client in the Lynn District Court. The opposing party was attempting to use a restraining order to gain leverage over a divorce proceeding that was being heard in a different court. Attorney Lown exposed the ploy. At the end of the day, Judge Jean Curran denied the restraining order. Lown’s client emerged victorious.
Lown beats back false accusations at restraining order hearing in Chelsea District Court
Attorney Lown recently prevailed at a restraining order hearing in Chelsea District Court. The plaintiff had accused Lown’s client of serious crimes in order to get the restraining order. But Lown confronted this individual with their own Facebook and Instagram posts, slowly and deliberately going through each one. This evidence and Lown’s cross examination clearly exposed the plaintiff’s falsehoods. The Honorable Judge Fitzpatrick ultimately denied the plaintiff’s request. Lown's client emerged victorious.
Restraining Orders FAQ
Can a restraining order be issued without me being notified?
Yes. A judge may issue an order without notifying the defendant if the accuser shows a “substantial likelihood of immediate danger of abuse.” The order may be issued for up to 10 days before the defendant has the opportunity to oppose it.
What happens if I don’t show up to the hearing?
If you don’t appear, the court may move forward without you. Missing the hearing can make it much harder to challenge the order.
Should I tell my side of the story at the hearing?
Because the hearing is recorded, what you say can potentially be used later—especially if there is a related criminal matter. It’s important to be strategic and protected by counsel.
Can the accuser withdraw or “drop” the restraining order?
Some restraining order matters can change depending on what the plaintiff asks for, but the court ultimately controls what happens and whether an order remains in place.
Why does having an attorney at a restraining order hearing matter?
An attorney can cross-examine the accuser, challenge credibility, and preserve testimony. If there is also a criminal case, the hearing can provide valuable information for the defense.
