Violation of an Abuse Prevention Order in Massachusetts occurs when someone breaches the terms of a 209A restraining order. This order is meant to protect individuals from abuse, threats, or harassment. Common violations include contacting the protected person, entering their home, or committing further abuse. Penalties for violating the order can include arrest, criminal charges, and potential jail time. Violations are treated seriously, as they compromise the safety of victims. Massachusetts law provides these protections to prevent further harm and ensure the safety of vulnerable individuals.
Understanding Violation of an Abuse Prevention Order in Massachusetts: A Complete Guide #
If you’re facing issues with an abuse prevention order, or someone has accused you of violating one in Massachusetts, things can feel overwhelming. Let’s break it all down step by step. We’ll walk through everything you need to know in clear terms—no legal jargon, just helpful information that can guide you through this process.
What Are the Elements of Violation of an Abuse Prevention Order in Massachusetts? #
In Massachusetts, an abuse prevention order, often called a 209A order, is designed to protect someone from abuse. To prove a violation of this order, the prosecution has to establish four key things:
- That a court issued a valid order under Section 209A,
- That such order was in effect on the day the alleged violation took place,
- That you violated the order, and
- That you knew the terms of the order that was in effect.
In other words, if the order said you couldn’t contact a specific person, and you did contact them—whether by phone, email, or even social media—that could be considered a violation.
Is Violation of an Abuse Prevention Order a Felony in Massachusetts? #
In most cases, violating a 209A order in Massachusetts is considered a misdemeanor. However, that doesn’t mean the consequences are minor. A misdemeanor violation can still result in fines, probation, or even jail time of up to 2 ½ years.
In certain situations, if the violation involves serious harm or repeated offenses, the charges could be more severe. While it’s not often charged as a felony on its own, the penalties can stack up, especially if it’s paired with other criminal behavior, leading to harsher outcomes.
What Is Considered a Violation of a Restraining Order in Massachusetts? #
You might be wondering what counts as a violation. The most common examples are:
- contacting the person the order is meant to protect,
- showing up at their home or workplace, or
- abusing them again.
However, restraining orders often include other restrictions that might not be as obvious.
For example, some orders forbid sending gifts, third-party contact (where you ask a friend to pass a message), or coming within a certain distance of the person. Violating any of these specific conditions is still a violation, even if it doesn’t involve direct harm or contact.
How Long Does a Restraining Order Stay on Your Record in Massachusetts? #
While the restraining order itself isn’t a criminal conviction, violating it can lead to one, and that violation stays on your record. The violation becomes part of your criminal history, which can impact your ability to find housing or employment, among other things.
Restraining Orders, as well as any violation of those orders, may appear on a background check. Those entries stay on your record permanently unless expunged or sealed.
What is the Difference Between a No Contact Order and a Restraining Order in Massachusetts? #
It’s easy to confuse a no contact order with a restraining order, but they’re not quite the same. A restraining order, like a 209A order, typically includes several conditions, including no contact, staying away from certain places, and more.
A no contact order, on the other hand, is exactly what it sounds like—it forbids any type of communication, including indirect contact through others. This can be issued in various situations, such as in criminal cases or after someone has been arrested.
How to Defend Yourself Against the Charge of Violation of an Abuse Prevention Order in Massachusetts? #
If you’ve been accused of violating a 209A order, don’t panic. There are defenses available. One common defense is that you were never properly served with the order, meaning you didn’t know it existed. Without proof that you were aware of the order, it’s hard to be found guilty of violating it.
Another defense is accidental contact. For example, if you didn’t intend to run into the person or had no idea they’d be in a certain place, you might be able to argue that the violation wasn’t deliberate.
What Happens if a Restraining Order Is Not Served in Massachusetts? #
In Massachusetts, a restraining order (209A order) must be properly served to be enforceable. Law enforcement, such as a police officer or sheriff, typically serves the order to ensure the defendant is fully informed of its terms and conditions. If the order is not served, the defendant cannot be held responsible for any alleged violations because they were not officially notified of the order’s existence.
However, if the defendant has actual notice of the restraining order, it may still qualify as valid notice under Massachusetts law. Actual notice occurs when the defendant learns of the order through other means, such as hearing it directly from the protected person or a third party. In these cases, the court may treat actual notice as sufficient, meaning the defendant is still expected to comply with the order, even if it was not formally served by law enforcement.
How Long Is an Abuse Prevention Order Valid for in Massachusetts? #
Abuse prevention orders in Massachusetts usually last for up to one year. However, the person who requested the order can ask the court to renew it. If they don’t, the order will expire. Temporary orders can also be issued and remain in effect until a full hearing is held.
The duration of the order depends on the specifics of the situation and what the court decides. Once an order expires, the person who requested it can also ask for a new one if they still feel they need protection.
What Is Considered Abuse in Massachusetts? #
Abuse under Massachusetts law includes:
- physical harm,
- threats of harm,
- forcing someone into sexual relations, or
- placing someone in fear of immediate danger.
The goal of a 209A order is to protect individuals from these behaviors.
Verbal abuse alone may not be enough for a 209A order unless it involves threats. However, emotional and psychological abuse can be considered when determining whether an order should be issued, especially if there’s a pattern of behavior that puts the victim in fear.
What Happens if You Violate a Restraining Order in Massachusetts? #
Violating a restraining order in Massachusetts is serious business. If you’re caught violating the terms, the police will usually arrest you on the spot, even if the violation was minor. Your case will then proceed through the court system. Violation of a Restraining Order carries a maximum penalty of 2 ½ years in the House of Corrections.
The court takes violations very seriously because they are intended to protect individuals from harm. Even if the protected person forgives you or invites contact, the order still stands unless the court officially dismisses it.
