Boston Lawyer - Restraining Orders - The Fernandez Firm
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RESTRAINING ORDERS


 

Restraining orders are civil orders issued by the court which prohibit a person from having contact with or abusing the person seeking the restraining order, this includes indirect contact through others. Restraining orders can be obtained at anytime; a complainant must show that they are in fear of immediate physical harm. Many people charged with domestic assault and battery also face a restraining order hearing in front of a judge. A judge will listen to both sides under oath and decide whether there is an immediate fear of physical harm that exists. Allegations of a recent assault or threats made are enough to obtain a restraining order which can be issued for up to one year.

 

After an arrest for assault and battery, a defendant appears in court the next day and may face a restraining order hearing. A judge has the power to order that the defendant remain out of the home and away from the children and spouse for up to one year. It is important to have legal representation at these hearings you must be very careful of what you say, your testimony is under oath and usually recorded and can be used against you in any future criminal proceedings. At times it is best to remain silent and have a lawyer explain to the judge your concerns as to the terms of the order. Many people find themselves ordered to stay out of the family home and away from their children for a long period of time without being able to communicate with their spouse or children.

 

Terms of a restraining order can be modified in probate court. A probate judge may allow for visitation rights with children and may set up different terms than were issued at a previous restraining order hearing.

 

A restraining order is a civil order that will only enter the criminal arena if it is violated. A violation of a restraining order is treated as a criminal offense and can lead to a new charge. A spouse who was arrested and charged based on the allegations of another can find themselves out on the street and ordered not to have communication with the family. You need to speak to an experienced criminal defense attorney who can help guide you through these difficult circumstances and make sure that your rights are protected.

 

Frank Fernandez has represented clients facing domestic violence charges and restraining orders throughout all of Massachusetts, he has been successful in having restraining orders not issue against his clients and making sure that his client’s rights are always protected. If you are facing domestic assault charges or a restraining order hearing in Boston or anywhere in Massachusetts contact our office for a free confidential consultation regarding your case.

 

CONTACT THE FERNANDEZ FIRM TODAY
Frank Fernandez was my lawyer for my case. He did a great job on handeling my case. Frank went out his way to get the proper justice in my defense. He didn't just give up on me Frank skills are great he is a great lawyer and I would tell anyone about his services. He is a good man.
Corey Williams
Corey Williams
15:38 21 Aug 17
Very professional and personable. highly recommended. Cared about my cases.exceeded expectations. Thank You Frank.
Adrian Mojica
Adrian Mojica
23:53 10 Aug 17
Was very helpful through out the whole process and was able to get good results out of the cases an less than a year which is amazing.
Xavier Perez
Xavier Perez
18:16 08 Jul 17
Very great to work with. Knowledgeable, calm, cool, and collected. Highly recommended.
Ryan Askerberg
Ryan Askerberg
08:48 07 Jul 17
I am happy that I chose Frank to be my lawyer, and I will choose him again in the future. Although we agreed that I will pay him more money if my case went to trial, but he did his best to get my case dropped, and in fact the case was dismissed, and I didnt have to go through a trial or pay him extra money. He did all the work and all i had to do was showing up in court, I didnt need to speak a word. Very impressing, Frank is someone you can trust, and I respect him and his work
Remas 20007
Remas 20007
18:31 11 Oct 16
He is an amazing lawyer and I recommend him tremendously! He cares about his clients and I assure you he will try his best to get you the best outcome! Highly thankful that I found him, he goes out of his way to please his clients and is very effective. If you are a latino or hispano do not even hesitate and hire him ASAP.
Maria Jose Escobar Navarro
Maria Jose Escobar Navarro
17:05 04 Oct 16
Very honest. Accepted my case while I was in NYC. Explained to me exactly what will happen at minimum cost. First time I can say I met an honest attorney. As a business and real estate in NYC, I retained many attorneys whose goal was to maximize their fees. Mr Fernandez was very reasonable and upfront honest with his fee. Very highly reccomend.
John Haniff
John Haniff
20:51 09 Feb 16
Frank Fernandez should be the first call anyone makes within the Boston area for legal representation. As a working professional, I made a horrible mistake and I was arrested with the potential of spending a lot of time in jail with the potential to have charges escalated. His efforts saved me a lot of potential pain and grief. He came to my rescue when I had no family locally to help me out of the situation my actions caused.I was fortunate that I found him out of the chaotic choices that are out there. Frank is professional and cares about all of the elements which affected the outcome of my case. My life and my career are back on track and I could not have done this without Frank's ability to react and change the course of difficult decisions. Trust, integrity, honesty, alongside the ability to dig deep, are just some of the characteristics of the person who accepted my case in the middle of the night.If you need a sanctuary when you can only see your life taking a change for the worse, call Frank and explain the elements of your case. I've got his card in my car, my wallet, my desk when I've got the potential for any type of legal action. I know he's someone that I can depend upon.I'm not posting for sake of Frank's business, I'm posting to convey my thanks for a difficult set of circumstances that I'll not face due to his ability to think quickly and make reliable decisions in spite of the issues that resulted from my actions.
Tom Coll
Tom Coll
13:41 25 Nov 15

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