Legal Question in Criminal Law in Massachusetts

To contest the order, you must go to the hearing on March 15. Untill that date you must abide by all conditions of the order, if you have any handguns, or even replicas, turn them into the police station.

You may have an attorney represent you at the hearing and it it is a good idea if you do so. He or she can aid you in presenting a defense. There are several different ways of defending an order, the most common defense is that you did not "abuse" the plaintiff. Abuse is defined by MGL ch. 209A section 1 as "(a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; (c) causing another to engage involuntarily in sexual relations by force, threat or duress."

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DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

You should certainly appear to request this order not issue. Once it issues, it will be a part of your record and will be found (at least) everytime you go to a court. It also exposes you to serious criminal penalties for future contact. You should probably retain an attorney with experience in defending against restraining orders. In any event, you must show up and defend by arguing that you are not a threat, and give the judge specific facts to support your argument (e.g. haven't been in touch; work/live apart; traded the replica, etc).

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