COMPLAINTS TO PROHIBIT RESTRAINT ON PERSONAL LIBERTY AND PREVENTING ABUSE IN MASSACHUSETTS
After a complaint for divorce is filed by a plaintiff spouse, either party may petition the court to enter an order restraining the personal liberty of the other party, to protect that party, to remove the other party from the family residence, and to prevent abuse. (M.G.L.A. c. 208, § 18; 34). These provisions are specific to divorce cases. Of course, orders to prevent abuse and similar orders may be obtained by persons who are not married (but have some kind of relationship or family tie) under M.G.L.A. c. 209A (married persons can also file for a restraining order under Section 209A in either the Probate and Family Court, or the District Court).
When a request for protection or to remove a spouse from a home is filed, the motion must be supported by a written affidavit detailing all the facts and circumstances of abuse or fear of apprehension. Interestingly, once an order restraining personal liberties is entered by the Probate and Family Court, the order is entered into a statewide record system called the Domestic Violence Record Keeping System Control data bank.
For more information about domestic violence and orders preventing abuse, removing a spouse from a personal residence, or restraints on personal liberties in divorce and separate support cases, call or email our office today. We offer a free, private initial consultation to discuss your options.
We also serve all courts in, Norfolk County, Suffolk County, Middlesex County, Essex County, and Plymouth County. We have physical offices in Needham, Boston, Hingham and New Bedford.