If you only knew how many 209As are completely bogus you wouldn't say this. I'm not saying this guy is a saint (because I don't know this but there are numerous pit bull divorce attorneys who tell their female clients to pull a 209A because it can be used as leverage to get the man to cave and just sign his life away as soon as possible to get that nightmare out of his life; particularly if said attorney knows he has a good amount of guns. The 209A allows a woman to punch a man square in the rectum for pretty much $0.00. At the emergency level there is little or no scrutiny on a 209A's legitimacy. A woman could make a false claim about a man threatening her and she'd get cart blanche issuance at least in the near term.
-Mike
Yup. This!
The one pulled on me was for leverage. Totally blindsided and ignorant of the ways of the world.
She can lie, under oath, and never be questioned about it. Nor will you get a chance to speak. You will be bent over, you will get no due process, you will get no hearing.
You lose all your rights immediately. in 10 days, you must appear in court.
At that hearing, she will re affirm the false statements she swore to 10 days earlier. You will not be given the chance to respond, defend yourself, or provide evidence clearing your name.
There is NO scrutiny of ANYTHING in a 209a hearing. The ONLY thing the woman has to say is that she's afraid. The thing in my case was that her affidavit was so laughable as to be out of a hollywood movie. (still no scrutiny and certainly no perjury charges brought by the ADA.) And my attorney just asked that the restraining order to be moved to family court and that a reciprocal restraining order be placed there. The judge asked how soon we'd file the divorce papers, said ok, left the restraining on for an 3 additional months (family court is slow) and then dropped the order 3 months later when I had filed for divorce. The judge laughed at the 10 day hearing when her attorney said "Divorce! This is the first we heard of it!". The judge replied "Of course they'll be a divorce". Judges in MA are always terrified that if they don't allow a 209a to proceed that someone gets hurt or killed and they are then in a world of hurt for not keeping it in place.
I know one Biatch who has kept a restraining order on her boyfriend from college for going on 20 years now I think. Friend of my sister in law. She is bad news and I avoid here like the plague. I think that might be one advantage of marriage. You can get that restraining order moved to family court. Of course, being married with kids, that's probably bad.
So, yes, all the 209a I have ever heard of have been bogus.
And 209as don't protect the woman. If the guy is a big enough loser/a-hole he's going to get her any way. That's why women need to be armed and carry.
- - - Updated - - -
True as true gets. But some won't figure it out until it happens to them. Of course, by then it's too late.
And that is why ALL I can do now is scream from the rooftops "BE CAREFUL WHO YOU BREED WITH" over and over! I was lucky, no kids. God help so many guys out there.