STATE : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
The Massachusetts Abuse Prevention Act defines "abuse" as the occurrence of one or more of the following acts between "family or household members":
"Family or household members" includes:
You can seek legal protection from acts of abuse done to you or your minor child by:
Note: If the above categories do not fit your situation, you can file for "injunctive relief" and ask for a Restraining Order (not a 209A Abuse Prevention Order) in Superior Court. This may apply to cases where the abuser is a neighbor, co-worker, or stranger. You may also be able to file a criminal complaint against that person.
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An Abuse Prevention Order, called a "209A Order," or a "protective order," is a civil court order intended to provide protection from physical or sexual harm caused by force or threat of harm from a family or household member. In other words, a 209A order is designed to keep an abuser from hurting you anymore. There are three types of orders:
Emergency protective orders
If you are in immediate danger of abuse and the court is closed, you may get an emergency order by going to the nearest police department. They will help you get a temporary protective order from a judge on call through the "Emergency Judicial Response System." You will need to prove that you are in immediate danger of abuse to qualify for this order. If you are issued this order, it will only be good until the close of the next day that the court is open. For the protection to remain in effect, you must go to court before the close of the next business day to request an Abuse Prevention Order. If you are physically unable to appear in court, then someone may appear in court on your behalf and file for you.
Temporary (ex parte) orders
When you go to court to file for a final Abuse Prevention Order, you can also ask for a temporary order. This can be done without a full court hearing and without your abuser present (this is called "ex parte"). As soon as a temporary order is issued, your abuser will be notified that you have an order against him. The court will give you a date (within 10 business days) for a full court hearing where you and your abuser have a chance to be present and tell your sides of the story.
Long-term orders
A final Abuse Prevention Order can be issued only after a court hearing where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. A long-term order will last for up to one year, unless otherwise stated. Orders may also be extended
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In an Abuse Prevention Order a judge may order your abuser to:
The Abuse Prevention Order can also:
Whether a judge orders any or all of the above depends on the facts of your case.
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Nothing. There is no filing fee to get an Abuse Prevention Order.
Although you do not need a lawyer to file for a Civil Protection Order, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
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It is important to recognize the limitations of an Abuse Prevention Order. You must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court.
Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him. If they witnessed the violation or have probable cause to believe the violation occurred, they must arrest him. If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to go to the District Court and take out a criminal complaint against him.
It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.
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