Termination of a 209a domestic restraining order would mean that the order ceased to be operative or in force by its own terms, that is, its period of effectiveness expired.What is the name of your state (only U.S. law)? Massachusetts
What is the difference between having a 209a restraining order terminated, vacated, and expunged? And does that have to occur at the same hearing when the order is terminated?
Termination of a 209a domestic restraining order would mean that the order ceased to be operative or in force by its own terms, that is, its period of effectiveness expired.
Vacating such an order suggests that the respondent was able to show cause that the order was unnecessary or has become moot for some reason.
Expunging such an order requires clear and convincing evidence that it was secured fraudulently.
First, here is a link to your previous thread so readers have background information:Do vacating and expunging have to take place at the same hearing as when the order is terminated? Or can a 209a order be vacated or expunged well after the termination hearing?
Your suggestion to ignore the background information provided in the link to your first thread should be ignored. It is information important to understanding your situation and how willing you are to consider the advice offered you on this site.These are my current questions:
Do vacating and expunging have to take place at the same hearing as when the order is terminated?
Or can a 209a order be vacated or expunged well after the termination hearing?
Feel free to just answer or if context is needed, see below.
Context: There is an upcoming court date, let's say September 13th, as there always is when a 209a expires. Both parties will be there. The plaintiff asking for another extension. The defendant asking for the order to be lifted. So let's say the judge decides to let the 209a terminate on the 13th and the defendant doesn't make a motion to vacate or expunge on the 13th, will the defendant have a chance to vacate or expunge the 209a later on? Please let me know if this question make sense.
(Also please ignore any background from the longest post on this thread. It's not necessary and will only confuse/complicate.)
I practice in Massachusetts District Court. I have NEVER seen a 209A expunged.These are my current questions:
Do vacating and expunging have to take place at the same hearing as when the order is terminated?
Or can a 209a order be vacated or expunged well after the termination hearing?
Feel free to just answer or if context is needed, see below.
Context: There is an upcoming court date, let's say September 13th, as there always is when a 209a expires. Both parties will be there. The plaintiff asking for another extension. The defendant asking for the order to be lifted. So let's say the judge decides to let the 209a terminate on the 13th and the defendant doesn't make a motion to vacate or expunge on the 13th, will the defendant have a chance to vacate or expunge the 209a later on? Please let me know if this question make sense.
(Also please ignore any background from the longest post on this thread. It's not necessary and will only confuse/complicate.)
I'm not arguing, but looking for information.Nice post, Stevef. ^^^
The records are also available for the purposes of licensing in certain fields (medical, legal, education/child care, law enforcement).
Today in court, a lawyer yelled at the clerk for not calling his case. That didn't end well for him either.Reporting my previous (now-replaced) post was also a mistake on his part.
You didn't mention that the plaintiff or defendant was a minor.I'm not arguing, but looking for information.
Can you point to a citation that the existence of a 209A is available to anyone outside court/law enforcement?
It seems to me that disclosure to anyone else would be in violation of G.L. c. 209A § 8 (https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209A/Section8)
Here is a link to the "Guidelines for Judicial Practice, Abuse Prevention Proceedings." The guidelines are from September 2011 and there may have been revisions since this was published.I'm not arguing, but looking for information.
Can you point to a citation that the existence of a 209A is available to anyone outside court/law enforcement?
It seems to me that disclosure to anyone else would be in violation of G.L. c. 209A § 8 (https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209A/Section8)
Today in court, a lawyer yelled at the clerk for not calling his case. That didn't end well for him either.
For some licensing applicants (I am referring to the four fields mentioned earlier), honesty plays a major role when deciding whether to disclose past offenses. The failure to disclose can lead to immediate denial.OP...laymans view...if you are in or expect to be in some field where a 209A falling out of woodwork could bite you at some inopportune moment ...you want legal counsel NOW . AT least to this layman, it seems points you might make now to get it lifted could be the very points that later make it all but impossible to get tossed as fraudulent
Your odds go downhill fast absent counsel like NOW.
From my HR days, we used checkout firm that literally was a CIA alumni club ....and lots of stuff comes out of woodwork never mind what law says can be checked . .