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Why You Should Never Walk Into a Restraining Order Hearing Unprepared in Massachusetts

September 17, 2025

Advice from Quincy Criminal Defense Attorney Chris Fiorentino

Every day, dozens of people across Massachusetts walk into court to face restraining order hearings—most without a lawyer. Far too many walk out having lost rights, freedom, and peace of mind they didn’t know were at risk.

In a recent video, Attorney Chris Fiorentino of Fiorentino Legal PC in Quincy, MA recounts a case that highlights exactly why legal representation in a restraining order hearing isn’t optional—it’s essential.

What Happened in Court?

Attorney Fiorentino witnessed a hearing where a defendant—someone who should have won—lost a 209A restraining order extension hearing simply because he didn’t understand the stakes or how to respond.

The plaintiff, his former girlfriend, described a breakup and an argument. What she didn’t describe was a credible, specific, and recent threat of imminent physical harm—which is the legal threshold to extend a 209A abuse prevention order in Massachusetts.

Despite this, the defendant agreed to the extension—likely believing it would end the drama or keep the peace. Instead, he made a costly mistake.

The Big Mistake: Agreeing to the Order

As Attorney Fiorentino explains in the video: “Restraining orders only bind the defendant. The plaintiff doesn’t have to obey the order. Even accidental contact can lead to arrest, prosecution, and a criminal record.”

In other words, the defendant just subjected himself to years of legal vulnerability—and a record that could impact housing, employment, and custody rights—without understanding the full consequences.

What’s at Stake in a Restraining Order Hearing?

A Massachusetts 209A restraining order isn’t “just paperwork.” If a judge grants or extends one against you:

  • You may be ordered to leave your home
  • You could lose access to your children
  • You’ll be prohibited from owning firearms
  • The order will show up in background checks and law enforcement databases
  • Any alleged violation (even unintentional) could lead to criminal charges

Why People Lose Hearings They Should Win

Attorney Fiorentino has handled hundreds of restraining order hearings and knows the system well. In most cases, people lose because they:

  • Don’t understand the legal standard of proof
  • Say too much or too little in court
  • Try to appear cooperative by not opposing the order
  • Believe the judge will “figure it out” without evidence or guidance
  • Pro se defendants—those who represent themselves—are at a major disadvantage.

How a Lawyer Can Change the Outcome

An experienced restraining order defense attorney in Massachusetts knows how to:

  •  Challenge whether the plaintiff meets the legal definition of abuse
  •  Cross-examine the accuser and highlight inconsistencies
  •  Present evidence that rebuts claims of fear or danger
  •  Preserve your record for appeal if needed

In many cases, the presence of legal counsel alone can shift the tone of the hearing and ensure the judge hears both sides fairly.

Don’t Let a Restraining Order Define Your Future

As Attorney Fiorentino warns in the video: “A restraining order can follow you for the rest of your life. You only get one chance to defend yourself the right way.”

Watch the full video here:

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If you're facing a 209A restraining order hearing in Quincy, MA or anywhere in Greater Boston, get legal help immediately. Chris Fiorentino is a respected criminal defense lawyer who understands what’s at stake—and how to protect your future.

Call or text 617-992-5680 anytime—day or night—for a free consultation. Don’t walk into court alone. Walk in prepared.

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