Legal Question in Criminal Law in Massachusetts

I'm the Plaintiff: I want to vacate a Restraining Order.

Moe: Hi, and good afternoon. Just two days ago I had a temporary restraining order filed against an ex-girlfriend. She was served with the order and the appeal hearing for her takes place in 8 days from now. I have since had a change of heart and feel her threats were just exaggeration in trying to keep me in a relationship which I no longer wanted part of. She is also heavily medicated under doctor's prescription. My question is: How can I vacate the current order to end everything and spare her and me from the whole hearing process and bring final closure to this whole mess? What can I do between now and the hearing date which is Thursday of next week? And do I have the legal right to end it because I am the plaintiff? Thank you tremendously. Moe


Asked on 7/09/03, 5:35 pm

2 Answers from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Re: I'm the Plaintiff: I want to vacate a Restraining Order.

If she shows up and you don't, the restraining

order will be dismissed.

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Answered on 7/09/03, 5:52 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: I'm the Plaintiff: I want to vacate a Restraining Order.

You have a few options. The best is: you can go to court tomorrow, and file a motion to vacate or to dismiss your initial petition for a restraining order. Whatever you do, do not tell the court that you misrepresented the evidence in your initial complaint. When you vacate or ask the court to dismiss the petition, you are also saying that you do not fear her, and that you do not need the court's assistance in keeping her away from you.

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Answered on 7/09/03, 8:36 pm


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