QUESTION
Can the defendant sue the victim for causing problems concerning the restraining order?
Asked on Nov 01st, 2015 on Criminal Law - Massachusetts
More details to this question:
Defendant has proof telling the victim to leave them alone. Then the defendant ask for their things back over 4 months and to pay a bill that belongs to them. Can the defendant sue the victim for causing problems?
1 ANSWER
Criminal Defense Attorney serving Worcester, MA
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Anthony M. Salerno, P.C.
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The first thing you want to do is to successfully defeat the issuance of the restraining order (RO). In Massachusetts chapter 209A is a civil/criminal hybrid law. In other words it is a civil procedure to obtain a restraining order but a violation of it can result in criminal sanctions. You will have little or no chance in any civil action for malicious prosecution or defamation of character if the allegations of the other party are supported by an issued restraining order. Always consult with an attorney experienced in this area of law. Good luck.
Answered on Nov 10th, 2015 at 9:03 AM