Restraining Orders in Massachusetts

What to Know About Abuse Prevention and Protection Orders in Massachusetts

In Massachusetts, restraining orders – also called Abuse Prevention Orders, “ROs” or “209A orders” – are legal protections designed to keep victims safe from abuse or threats of harm. In this action, a person requests the Court to grant a civil order to protect them from abuse from another individual (usually a family or household member). If the order is violated, there can be criminal consequences for the Defendant.

How can someone file a restraining order in Massachusetts?

A Plaintiff seeking this type of order can file a Complaint for Protection from Abuse in either the District Court or Probate and Family Court.

The eligibility requirements to file a restraining order or abuse prevention order in Massachusetts are as follows:

1. You and your abuser are or were:

• Married, or
• Residing together in the same household, or
• In a substantive dating or engagement relationship, or
• Related by blood or marriage, or
• Have a child in common;

2. AND you are suffering from abuse because your abusers has:

• Harmed or attempted to harm you physically, or
• Put you in fear of imminent serious physical harm, or
• Caused you to engage in sexual relations involuntarily by using force, threat, or duress, or
• Engaged in coercive control by:
  • Harming or attempting to harm your children or relative, or
  • Abusing or attempting to abuse an animal connected to you, or
  • Publishing or attempting to publish sexually explicit images, or
  • A pattern of behavior as described in G.L. c. 209A, 1(d)(a); 

3. AND you:

• Currently live within the geographical area of the court; or
• Used to live within the geographical area of the court but left to avoid abuse.

What can someone request in their restraining order against an abuser?

There are several orders you can request in a restraining order. In the Complaint itself, some of the requests that a Plaintiff can seek include the following orders:

1. Defendant to stop abusing you;
2. Defendant to not contact you at all or contact only through limited means (text/phone/email);
3. Defendant to stay away from your home/workplace/school;
4. That your home/workplace/school address not be disclosed to the Defendant;
5. That you be given possession of certain animals;
6. That you be given custody of children, that the Defendant have no contact with them, and stay away from their school/daycare. 

What is a restraining order Affidavit?

In addition to the Complaint, the Plaintiff also needs to complete an Affidavit detailing why the Restraining Order is needed. This is an extremely important document. The Affidavit should clearly articulate what type of abuse you are suffering from as well as when and where it occurred. Additional supporting details such as reporting the abuse to the police and any injuries sustained or medical attention sought should also be included.

Can a judge grant a restraining order in Massachusetts without both parties present?

Ex parte orders

A common question is whether you can file a restraining order without the knowledge of your ex, partner, or abuser. A judge can grant a Restraining Order in Massachusetts on an emergency ex parte basis. Ex parte means that the Defendant is not in court to give their side of the story, if the Plaintiff can show that there is a substantial likelihood of immediate danger of abuse. If the order is granted, the Defendant will be served by the police with the Restraining Order.

Then, a return hearing is typically scheduled in approximately 10 days. The Plaintiff needs to appear at this hearing to request that the order be extended for up to a year. At this return hearing, the Defendant can also appear and ask that the order be terminated. An evidentiary hearing with witness testimony and exhibits can be held for the judge to make a decision.

A Plaintiff needs to return to court on the assigned hearing date every year to request that the RO be extended or it will expire. A permanent restraining order can be sought, and our firm has successfully obtained permanent restraining orders for our clients.

How Foundations Family Law can help:

If you are seeking a restraining order from abuse in Massachusetts, let us be your lifeline. Schedule your free discovery call today and speak with our team about your options. Our Massachusetts attorneys are certified in coercive control and domestic abuse cases.