The issuance of a Restraining Order against you may have serious legal and financial consequences including loss of custody of your children, the right to occupy your home, and if you are accused of violating the order, criminal charges. It is not uncommon for a person to go into court and apply for a Restraining Order without the other party’s knowledge. While a judge may issue an order against you in your absence, a hearing will be scheduled within 10 days at which time you will have an opportunity to oppose the extension of the order. It is in your best interest to appear at that hearing with a lawyer who has the knowledge, experience, and skill to defend you. Attorney Bethany Rogers has represented clients in Restraining Order matters in the District and Probate courts throughout Massachusetts.

If you are arrested or charged with violating a Restraining Order, you should contact a criminal defense attorney as soon as possible. In 2014, the Massachusetts Legislature passed into law An Act Relative to Domestic Violence. Among the changes made to existing domestic violence laws were changes to laws pertaining to bail. Under the law, a person charged with a crime of domestic violence or a restraining order violation may not be released on bail within six hours of arrest except by a judge in open court. Additionally, the arraignment on such charge(s) may not occur within three hours of a criminal complaint being signed by a magistrate unless a prosecutor moves the court to hear it sooner. At arraignment, the prosecutor may request that bail and/or conditions of release be set by the judge. A person will not be released until the cash bail set by the judge is posted. Being represented at arraignment is very important. If you are able to contact a lawyer before your first appearance in court, you should do so.

Attorney Bethany Rogers has worked on both sides of criminal law. Since moving over the defense in 2012, Attorney Rogers has put the specialized knowledge and skills she gained as a prosecutor to work in defending her clients. For a free and confidential consultation with Attorney Bethany Rogers, please call 617-227-7200.

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