Can I cancel a restraining order in Massachusetts?
Asked by: Armani Friesen | Last update: October 5, 2025Score: 5/5 (10 votes)
You cannot have this done by a court in Massachusetts. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.
What are good reasons to drop a restraining order?
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
How hard is it to drop a protection order?
To dismiss an order of protection, certain legal requirements must be met, like proving no violation happened or submitting a motion for dismissal. In order to have an order of protection dropped, one must: Return to the county court where the petition for the original order was filed. Complete the necessary paperwork.
What happens if you break a restraining order in Massachusetts?
A violation of a restraining order is a criminal offense in Massachusetts. Upon breaking the terms of a restraining order, a judge may sentence the individual to a maximum of two and a half years in jail and impose a fine of up to $5,000.
How long does a restraining order stay on your record in Massachusetts?
In Massachusetts, while a restraining order is a civil order, it appears on your criminal record permanently.
What Happens If Someone Violates a Restraining Order in Massachusetts?
Can you drop a restraining order in Massachusetts?
What if I want to change or end the order? An abuse prevention order is a court order. That means that only a judge can change the order. The person who requested the order can't change or end the order without contacting the court and asking the judge to change the order.
What is the burden of proof for a restraining order in Massachusetts?
In Massachusetts, the burden of proof for obtaining a restraining order, whether it's an Abuse Prevention Order under Chapter 209A, or a Harassment Prevention Order under Chapter 258E, is a “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that you have been subjected to ...
What happens if I reach out to someone I have a restraining order against?
In California, violating a restraining order can have serious legal consequences, including fines, imprisonment, or both. Understanding the rules and limitations surrounding contact while a restraining order is in effect is crucial for both the protected person and the individual subject to the order.
How does a restraining order affect you in Massachusetts?
A major consequence is that the restraining order is likely to require you, the Defendant, to leave your home, if you live with the person who receives the order. If you have children, a restraining order could prevent you from getting custody of or having visitation with your children.
Can I sue someone for filing a false restraining order?
The victim of the false claim may file a civil lawsuit seeking damages for harm caused by the false allegations. The defendant may be required to compensate the victim for financial losses, emotional distress, and any other damages incurred as a result of the false order.
What happens if the petitioner does not show up to a restraining order hearing?
If you miss your court hearing for a temporary restraining order in California, the court may dismiss your request for the order due to your absence. When a petitioner does not show up, the court often interprets this as a lack of interest or necessity in pursuing the restraining order.
How to write a letter to drop a no contact order?
The 5 most common tips in writing an effective leniency letter to a judge include: write a clear introduction, introduce yourself and establish credibility, provide reasons for leniency, tell a story, and. provide contact information.
What to say in court for a restraining order?
“I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction. Examples: “I want this injunction because…” “I fear for my child's safety.” “My child's life is in danger, I am afraid he or she will be hurt…”
Do they check phone records for no contact orders?
So yes, there are many ways, in the course of investigation, that your phone records can be obtained. They can't, in advance, track your cell phone though. We can't obtain those rights just because we may anticipate someone violating an order.
How are you notified of a restraining order?
Restraining orders are typically served by the police. Having the police show up at your doorstep is not an experience many wish to have, but it is done in this manner because the court requires verification that you have been served with the restraining order.
How to remove a restraining order in Massachusetts?
Dropping a Massachusetts Restraining Order
The process to vacate a restraining order in Massachusetts starts with filing a formal request with the court. This legal process requires you to clearly articulate your reasons for seeking the dismissal of the order. Your abuser can also ask the court to drop the order.
Does a restraining order show up on a background check Massachusetts?
These include Abuse Prevention Orders (also known as 209A orders), Harassment Prevention Orders (258E orders). Each has its own specific legal requirements to obtain. Impact on Criminal Record: In Massachusetts, obtaining a restraining order does not result in an entry on your criminal record.
Can you fight a restraining order in Massachusetts?
It is extremely difficult to challenge a restraining order, but it is possible. No matter what the circumstances are, you need to fight a false restraining order issued with the help of an experienced attorney at the Bellotti Law Group, P.C.
Can you look up restraining orders in MA?
In Massachusetts, you can look up a Restraining Order, but the specifics depend on whether the order is part of an open court case or a concluded one.
Are employers notified of a restraining order?
An employer will not automatically be notified by the court if a restraining order is issued against their worker, and it may not even show up on a background check unless the employee has security clearance or carries a weapon.
Does harassment go on your record?
Will a Harassment Charge Stay on My Record? A conviction for harassment can stay on your record and cause issues for you in the future. Having a criminal record can make punishments for any future convictions more severe, but this conviction will also show up in background checks.
How long does a restraining order last in Massachusetts?
Long-term orders: A long-term abuse prevention order can be issued after the abuser is given notice and the chance to appear at a court hearing where you and the abuser will each have a chance to present evidence to the judge. If you can prove that you were abused, the judge can issue you an order for up to one year.
Can you expunge a restraining order in Massachusetts?
In the 2006 case of Commissioner of Probation v. Adams, it was recognized that a judge has the inherent authority to expunge a record of an abuse violence registry system in the rare and limited circumstance that the judge finds the order was obtained through fraud on the court.