What are the different types of restraining orders in Massachusetts?
Asked by: Prof. Clyde McLaughlin | Last update: February 19, 2025Score: 4.6/5 (35 votes)
What is a no contact order in Massachusetts?
You can request that the defendant be ordered to have no contact with you. This means that the defendant: Must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is listed on the order. Can't contact you in any way.
What is the difference between a restraining order and a harassment order?
A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
What else is there besides a restraining order?
- Domestic Violence Protection Order.
- Restraining Order.
- No Contact Order.
- Anti-Harassment.
What are the alternative methods of restraining?
Seclusion is a way of environmental restraint. Seclusion is defined as placing a person alone in an area with the doors shut in such a way as to prevent free exit from that area. Environmental restraint is predominantly used to prevent free movement of a person in a building/area.
Types of Restraining Orders
What is the difference between a peace order and a protective order?
They are similar. The difference: Protective orders apply if you are in a family-like or intimate relationship or if sexual assault has occurred; peace orders apply to all other relationships. Think neighbor, stranger, co-worker.
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.
What is considered indirect contact restraining order?
Under California law, "indirect contact" typically refers to a legal restriction that prohibits a person from communicating or interacting with another individual through intermediaries or third parties, with the intent to bypass a restraining order or other legal restrictions on direct contact.
Can you text someone with a restraining order?
Typically, a protection order will bar you from contacting the person who took out the order against you in any way. This includes calling, texting, emailing, or using a social network to contact the alleged victim.
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 you stop someone from harassing you?
- Contact Law Enforcement.
- Send the Harasser a Cease-and-Desist Letter.
- Maintain Records of the Harassing Behavior or Communications.
- Request a Restraining Order.
How do I prove harassment in Massachusetts?
You must prove that the defendant "harassed" you to obtain a harassment Prevention Order. This usually involves proving that the defendant caused you to feel that you were under imminent danger of harm by either force, threat, or duress.
Is a protective order the same as 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 qualifies for a harassment order in Massachusetts?
You can ask for a Harassment Prevention Order (a "258E Order) from a judge if you're suffering from harassment because someone has committed 3 or more acts: That were willful and malicious. This means it was done on purpose and was done for cruelty, hostility or revenge. Were aimed at you.
What counts as contacting someone?
Contact can include direct communication, such as:
Phone calls. Text messages. Emails. Social Media messages.
Is posting on social media an indirect contact?
Whether it's sending an apology through a platform like Facebook, extending a friend request on Instagram, or using indirect methods such as tagging in a post — these actions are deemed contact and should be avoided. Understanding the legal landscape becomes more intricate due to varying state laws and terminology.
What is an example of indirect contact?
Indirect contacts preclude interaction. Newsletters, radio, TV and most social media are typically considered an indirect contact because you don't know who is actually viewing or reading your information. For example, you can send newsletters to 1,000 people, but you can't be sure it is being read by everyone.
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.)
How long do most no contact orders 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 is the difference between a civil restraining order and a criminal restraining order?
You asked about getting a restraining order. Generally, a person may be able to get a restraining order in two ways: (1) through the criminal court after an arrest has been made, or (2) through the civil court by filing a petition.
What is a bond protective order?
A peace bond is a court order designed to keep the peace by protecting a person or property from someone who has threatened to commit an offense against a person or property. Police are not notified. A Bond is set to guarantee good behavior. The money is forfeited to the State if the threat is carried out.
How effective is a restraining order?
85% of abuse victims reported life improvement after taking out a restraining order. More than 90% percent reported feeling better about themselves. 80% felt safer with a restraining order in place.
What are the three types of restraints?
These are key accountabilities outlined in the Code of Conduct. There are three types of restraints: physical, chemical and environmental. Physical restraints limit a patient's movement.
What is required before applying a restraint to a person?
Before applying a restraint, alternatives must be attempted and fail. Inspect the area where it will be placed, noting any tubes or devices and assessing the patient's skin, sensation, and range of motion in the area where the restraint will be applied.