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Restraining Order Violations

If you’ve been accused of violating a restraining order, it is important that you speak to a qualified Massachusetts attorney. Attorney Sam Zaganjori is an experienced Woburn criminal defense attorney that has represented many clients charged with violating restraining orders.

Restraining Orders

A restraining order, also known as a “209A” order, is a court order that prohibits abuse and can restrict a person’s ability to have contact with one or more other people. The person who seeks a restraining order is called the plaintiff, and the person the restraining order is against is the defendant. A 209A order can prohibit all contact between the defendant and the plaintiff, or it can limit the nature of that contact. It can also prohibit contact with minor children. A defendant may also be ordered to stay away from the plaintiff’s home and place of employment. The judge has discretion to impose a number of conditions based on what the plaintiff has requested and the plaintiff’s statements in court.

Restraining Order Violations

If a restraining order has been issued against you, it is extremely important that you carefully follow the restrictions the judge has ordered. Violation of a restraining order is a criminal offense. It may be helpful for you to have an experienced attorney explain the terms of the restraining order to you. If you have been ordered not to contact the plaintiff, you may not ask another person to deliver a message to the plaintiff for you, and you may not contact the plaintiff, even if it is only to apologize or to make arrangements to retrieve your property. Your intent in violating the restraining order is not relevant, and is not a defense to the alleged violation. Failure to abide by the terms of a 209A order is punishable by up to 2.5 years in the house of correction and a $5,000 fine.

If you have been accused of violating a restraining order, you will have to appear in court. You may be arrested or you may receive a summons to report to court on a specific day. Most restraining order violations are prosecuted in the District Court.

Winning Your Restraining Order Violation Case

Attorney Zaganjori has successfully defended clients accused of violating restraining orders. Whenever possible, he will seek to have the case dismissed prior to trial. When that is not possible, he is ready and willing to mount an aggressive defense at trial.

Every case is different and there are many ways to defend against a restraining order violation case. For example, if you were unaware of the restraining order, you cannot be convicted of having violated it. The prosecution must prove that you had knowledge of the restraining order. Also, if the contact alleged to have violated the restraining order occurred by accident and you took reasonable steps to end the encounter, that may be also a defense to the alleged violation.

Attorney Zaganjori will investigate the alleged violation and the complaining witness. It may be necessary to obtain electronic evidence such as telephone records or social media information. Attorney Zaganjori will do everything possible to locate evidence helpful to your defense.

Contact a Woburn Restraining Order Violation Attorney

If you have been charged with violating a restraining order, it is important to have an experienced and qualified attorney with you in court. Call Attorney Sam Zaganjori at 781-496-2848.