What is a 209A Restraining Order?

A restraining order is an order from a court telling a person not to do something. In Massachusetts, petitions for an “Abuse Prevention Order,” typically known as a 209A Restraining Order, may be requested by a person in fear of abused, against a current or former spouse, current or former household member, the other parent of a child, a relative by blood or marriage, or anyone with whom the person has had a substantial dating relationship. The order can be obtained whether or not the person is currently living with the abuser.

The process of getting a 209A restraining order is considered a civil, rather than a criminal, proceeding. To obtain a restraining order, a person must prove, by a preponderance of the evidence, that the abuser has caused or threatened to cause physical harm, or has placed the victim in fear of imminent serious physical harm. Violation of the order is a criminal offense, punishable by a fine and imprisonment. If the parties do not have one of the relationships described above, the court will not issue the 209A restraining order.

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What Does the Order Do?

A 209A restraining order issued under the Massachusetts domestic violence laws can order the defendant not to abuse or contact and to stay away from the person who has obtained the order. This terms of the 209A restraining order also apply to a person’s minor children.

• No Abuse: the abuser is ordered not to cause or attempt to cause physical harm, or fear of imminent serious physical harm, and not to force sexual relations against the will of the person who has obtained the order.
  
  
• No Contact: the abuser is ordered not to make contact in person, by telephone, mail, e-mail, fax, or through another person.
  
  
• Stay Away: the abuser is ordered stay away from the home, school and/or workplace. If the abuser lives with the person obtaining the order, he must leave the home.
  
  
• Temporary Custody and Support of Minor Children: the court may award temporary custody of any minor children, and order the abuser to pay temporary support if he is legally obligated to do so.
  
  
• Financial Compensation: the court may order the abuser to pay financial compensation for losses directly resulting from the abuse.
  
  
• Confidentiality: the court may order that the victim’s home, children’s school, and workplace addresses be kept confidential so the abuser will not have access to them.
  
  

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When and Where Is the Order Valid?

A restraining order is valid as soon as a judge issues it, but violation of a restraining order cannot be prosecuted unless the abuser knew about the order when the violation happened. For this reason, when applying for a restraining order, if the defendant is not present, it is very important to provide the court and/or the police with any information that will help locate the defendant.

If the order is violated, police should be notified and the victim should tell the police anything that leads her to believe the defendant knew about the order. Regardless of what court issues the order, it is valid throughout Massachusetts, and in most other states, until the expiration date listed. If a victim moves out of Massachusetts, some states require registration of the order with the local police department.

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Should I Get a Restraining Order?

Deciding whether to get a restraining order is a difficult decision that only the victim can make. Getting a restraining order tells an abuser that the authorities are aware of the situation, and creates an important record of the abuse. Violation of a restraining order is a criminal offense.

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How Do I Get a Restraining Order?

• During business hours. Victims should go to the courthouse in the area where they live and ask to speak with a victim-witness advocate from the district attorney’s office. The victim-witness advocate will help the victim complete the application and appear with her before the judge. The application contains a statement of why the victim needs the order. The judge may also ask the victim some questions. The proceeding is usually held out of the hearing of anyone but the parties.
  
  If the judge finds that the abuser has caused or attempted to cause physical harm to the victim or placed her in fear of imminent serious physical harm, the judge will grant a temporary restraining order. The temporary restraining order lasts only ten days, at which time another hearing will be held so that the abuser has an opportunity to contest the order. The plaintiff should keep a copy of the restraining order with her at all times.
  
  
• During non-business hours, on weekends or court holidays. Victims should call or visit the local police station. The police will contact a judge who is on call twenty-four hours a day to help victims get emergency restraining orders. The judge may ask to speak directly with the victim, or ask her to write a statement about why she needs a restraining order. Victims who obtain this type of order must go to court the next business day to obtain a temporary restraining order, described above.
  
  
• The Ten Day Hearing. When the temporary restraining order expires at the end of ten days, another hearing is held. At this “ten day hearing,” the abuser has a right to be present and speak to the judge. If the abuser does not appear, the hearing will still be held and the judge may extend the order for one year. The plaintiff must appear or the order will automatically be dismissed. Although no attorney is required to obtain a restraining order, an attorney can be helpful if the order will be contested.
  
  

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What Do I Do if the Order Is Violated?

• Call the police. Tell thm there is a restraining order, the abuser has violated the order and that you need help right away. By law, the police must arrest defendants who violate restraining orders, unless they cannot find them immediately. If the abuser has left the area, you should give police as much information as possible, including the name, physical description, any address frequented, the make and model of the car and license plate number, and a photograph.
  
  You should also provide information about the defendant’s criminal history, any past abuse and any use of weapons. If you believe the abuser will come back and harm you, you should ask police to seek a warrant for his arrest.
  
  
• Write down the name of the person you speak to at the police station, as well as the names of officers who come to your home.
  
  
• Ask the police to assist you and your children until you are safe.
  
  
• Ask the police for assistance with medical treatment, including transportation to a hospital if necessary.
  
  
• Make sure the police write an incident report, even if no arrest is made. You have a right to obtain a free copy of this report.
  
  
• For further discussion of restraining order violations, click here. For more information about domestic violence, click here.

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How Can I Keep Myself Safe?

With or without a restraining order, victims of domestic violence must make detailed plans for their safety. A restraining order is just one potential component of that safety plan. For help in safety planning, call 1-877-SAFELINK. To find help near where you live, see our Resources section.

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