October 15, 2009

• Steven Topazio wrote this April 27, 2014 at 9:52 am

The alleged victim (who is related to the defendant but did not live with her) alleged that the defendant and her fiancé came to his home and broke in and maliciously damaged his property, filed a complaint in Superior Court requesting a restraining order issue against the defendant. The defendant hired Attorney Topazio to represent her at the hearing for the permanent restraining order. In Massachusetts, most restraining orders sought for protection are governed by Massachusetts General Laws chapter 209A. Under G.L. c. 209A a “family or household member” who claims to have suffered abuse can apply to the appropriate District Court for a restraining order to protect her against the actions of an alleged abuser. If the alleged victim, as in this case, is neither a family member nor household member of the alleged abuser, the alleged victim must apply to the Superior Court for injunctive relief. Today after hearing Attorney Topazio persuaded the court not to issue the restraining order for one year as requested but rather to extend it two months so as to give the parties the opportunity to see if matters could cool down before the Christmas holiday, with the intent of dismissing that order, and the court agreed.