Q: How long to wait to lift a restraining order in Massachusetts?

A: When you want to have a restraining order lifted in Massachusetts, there's no mandatory waiting period before you can request this change. You have two main options for addressing the restraining order situation.

If you're the defendant (the person against whom the order was issued), you can file a motion with the court requesting that the order be terminated or modified. You'll need to demonstrate there has been "a change in circumstances since the order was issued" and provide "clear and convincing evidence" that the order is no longer necessary for the plaintiff's protection. This is a higher standard of proof than what is typically required in restraining order hearings.

The process involves submitting proper documentation to the court, which will then schedule a hearing to consider your request. You'll need to file a legal motion, such as a "Motion to Lift Restraining Order," that identifies both parties involved and states the reasons why the order should be lifted. The judge will review all evidence and make the final decision based on everyone's safety and wellbeing.

Remember that even if circumstances haven't changed much, you still have the right to present your case to the court. While it can be challenging when the plaintiff opposes lifting the order, providing compelling reasons and evidence to convince the court remains your best approach. Consider consulting with a legal professional who specializes in restraining orders to guide you through this process and improve your chances of a favorable outcome.