If I had a restraining order on me from ex-girlfriend and entered the house I lived at, can I get charged? 3 Answers as of January 28, 2015

On December 7th, restraining order was placed on me. Two weeks later, I entered house through the basement but lease is in only my name and was given 30-day by homeowner.

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Botelho Law Group | Joseph F. Botelho, Esq.
If the restraining order states that you cannot enter the address of the location that you are discussing you went into the basement, it is still a restraining order violation and you can be charged and get prison time for that. If the restraining order simply states you need to stay sore and distance from the victim and not contact them, but they happen to live at that address, most likely it will still be considered a restraining order violation. As a former prosecutor I have had to deal with those cases numerous times, and with a set of facts you have provided, the person entering the home was charged with violating the restraining order. The person violating the restraining orders should seek an experienced criminal defense attorney ASAP.
Answer Applies to: Massachusetts
Replied: 1/28/2015
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Depending on the terms of the restraining order you can if it prohibits you from being within a distance that you breached.
Answer Applies to: Massachusetts
Replied: 1/28/2015
Law Offices of Steven J. Topazio
Law Offices of Steven J. Topazio | STEVEN J TOPAZIO
It doesn't matter that the lease is in your name. You can be charged in you entered your apartment provided the Restraining Order restricted you form going to your apartment and you have notice of the Restraining Order.
Answer Applies to: Massachusetts
Replied: 1/27/2015
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