My question relates specifically to permanent protective orders regarding children. My niece is prego by a complete knucklehead...more concerning I come to find out that knucklehead has a PERMANENT restraining order against seeing his 9 yr old daughter....now, I know the courts jump when a child is involved, however, in order for the courts to award a PERMANENT RESTRAING order....against seeing his child (who apparently lives with the mother's parents who took custudy) my guess is that some pretty significant evidence was presented....I mean even drug addicts, physical abusers get to see their kids with supervision.....this is an absolute no contact order...and permanent.
My question: How easily do judges hand these things out? Is SIGNIFICANT evidence required...ie: Medical reports and so on?
What is the likelihood this was granted without SIGNIFICANT evidence of abuse and the liklihood of that abuse being sexual in nature?
Restraining orders in MA
Sorry about your niece's situation, but this subject is too big and too important for me to try to handle on this forum. For a great collection of resources, check out the MA Trial Court Law Library.
However, I think you may be getting caught up in the terminology. A temporary restraining order is a short-term order that is issued after the victim applies. After a hearing at which the accused may or may not be present, the temporary order may be converted to a permanent restraining order.