How does a restraining order work in Massachusetts?
Asked by: Maximo Harber | Last update: June 2, 2025Score: 4.8/5 (64 votes)
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 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 ...
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.
What is the difference between a no contact order and a restraining order in Massachusetts?
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.
What information do you need to put a restraining order on someone?
- Your testimony that the respondent harmed you.
- The testimony of any witnesses, such as a family member, who saw the respondent harm you.
- A police report that documents physical harm you sustained as well as any history of repeat violence.
- Medical records reflecting treatment for harm done.
Restraining Orders in Massachusetts
What is an example of a restraining order?
Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
Is a no contact order worse than a restraining order?
Despite this seemingly less severe initial punishment, no contact orders carry more intense final penalties. If a no contact order is violated, the violator may spend up to six months in jail and may also be required to pay the attorney fees for the other party.
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.
How effective are restraining orders?
85% of abuse victims reported life improvement after taking out a restraining order. More than 90% percent reported feeling better about themselves.
Are restraining orders public record in Massachusetts?
However, completed cases are typically part of the public court records, which can be accessed at the courthouse or via the Massachusetts court system's online portal, MassCourts. Additionally, local police departments can access details about active Restraining Orders for enforcement purposes.
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 remove 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 I avoid being served a restraining order?
If a restraining order is not served, it may not be legally enforceable, and the court proceedings may be affected. In some cases, alternative methods such as substituted service or service by publication can be used when the recipient's address is unknown.
Is a no contact order the same as a restraining order in Massachusetts?
In Massachusetts, a “no contact order” and a “restraining order” refer to similar types of protective orders, but they are used in different contexts. A “no contact order” is often issued in criminal cases and specifically prohibits the defendant from contacting the victim.
How long do you have to put a restraining order on someone?
Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
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.
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.
Is there an alternative to a restraining order?
The first alternative is a domestic violence no contact order issued by a judge as part of a domestic violence criminal proceeding. If you are a victim of a domestic violence crime (assault, threats, malicious mischief, etc.)
Can I get penalized for contacting someone I have a restraining order against?
Violating a restraining order in California is a criminal offense, punishable by fines, imprisonment, or both. The penalties for violating a restraining order are outlined in California Penal Code section 273.6, and they can vary depending on the circumstances of the violation and any prior offenses.
What is the longest a restraining order can last?
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
What would happen if the accuser doesn't show up to court?
3 attorney answers
Generally, if a victim fails to show up for trial, the prosecutor will request an adjournment and might request a material witness warrant. A skilled attorney might be able to persuade the prosecutor to dismiss the case without prejudice, pending any further request for prosecution by the victim.
How do you know if someone files a restraining order?
Under California law, if your wife obtains a restraining order against you, you will be officially served with the order. This means that a process server, sheriff, or other authorized individual will deliver the documents to you in person.