How does a restraining order affect you in Massachusetts?
Asked by: Aric Veum | Last update: June 25, 2025Score: 4.4/5 (72 votes)
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.
Does a restraining order go on your record in Massachusetts?
While a restraining order will not be a part of your criminal record, it does become a part of your civil record, which can be accessed by law enforcement.
What happens if you talk to someone you 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 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 a victim get in trouble for violating a no contact order?
However, in rare cases victims have been charged with facilitating breaches because of their efforts to contact an accused person or have the accused person contact them. Usually they are not charged. A no contact order violation by a victim is not a violation of a court order.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
Do police check on no contact orders?
Once received, that agency enters the order into their system so that all officers with access to the system can see details regarding the order simply by searching the individual's name who has the order placed against them.
How does a restraining order work in Massachusetts?
A restraining order is a court order that provides protection from an abuser. A "Restraining Order" also known as as "209A Order" or an "Abuse Prevention Order" is a civil court order that provides protection from physical or sexual harm caused by force, or threat of harm from a family or household member.
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…”
How do I get rid of 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.
Can you get in trouble for texting someone you have a restraining order against?
Can a Text Message Violate a Restraining Order? Yes. If there's a RO against you and it stipulates no contact, then you're violating the order by sending a text – no matter how innocent or innocuous the message may be.
Does a restraining order include phone calls?
Annoying or Harassing Phone Calls and Domestic Violence
If granted, any further communication from the other party would be considered a violation of the restraining order and lead to criminal charges under California Penal Code Section 273.6 PC.
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.
Does a restraining order show up on a CORI check in Massachusetts?
(CORI does not include restraining order cases or non-criminal matters such as DCF “51A” reports of child abuse or neglect.
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.
What is the difference between a no contact order and a restraining order in Massachusetts?
Understanding the Basics
A protective order, commonly known as a restraining order, is issued by a court to protect a person from harm or harassment. In contrast, a no-contact order specifically regulates communication between individuals, often prohibiting contact through phone calls or text messages.
Why is it so hard to get a restraining order?
If there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
How to answer to a judge?
Talk in plain language. Avoid cliches such as “For the record, your honor...” Never evade a judge's question. Answer the question, then explain -- not the reverse.
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.
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 ...
Can you leave the state if you have a restraining order?
No, not if they're the restricted party! In California, judges usually issues regarding removal of any children from the courts jurisdiction, when they grant restraining orders. Leaving the state with the children is a serious violation of this order.
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 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 to find out if someone has been served a restraining order?
Go to the local district courthouse where the restraining order would have likely been filed. You can use your brother's name (he would have been the defendant) to locate his file. If he was served with a restraining order, there will be a file with his name enclosing all documents filed.
Does an ex parte stay on your record?
It should not show up on a criminal background check, however the civil court should maintain an internal record of the case. That means that if a background check were to be run on this individual, no, it's not something that should appear.