Do restraining order violations require proof?

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Do restraining order violations require proof?

My son’s ex has a restraining order and claims he contacted her. He is now in jail until 9/17 when he will go to trial. Does she have to provide any type of proof he contacted her? or can she randomly have him thrown in jail whenever the whim strikes her?

Asked on August 17, 2010 under Criminal Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, proof of a violation of any order is required for conviction and the same holds true for a claim of a violation of a retraining order.  The abuse of the restraining order is, however, widespread and often ex's use it as a means of getting back at a person.  The Police are under an obligation to act on the claim.  Think if you were on the other end and they did not what consequences could result.  So they do and then the vicious cycle starts.  If she is abusing the order I would speak with an attorney about asking the court to dismiss it.   Courts do not like when people play games like that and use the the court in their games abuse the court's orders.  Get him representation.  Good luck.


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