In Massachusetts, the maximum duration of a restraining order (209A order) against a family or household member can be permanent, but those are rare. They are usually in place for one year and can be extended annually after that. For harassment prevention orders (258E orders), they can initially last up to a year, but they can be extended for an indefinite period if the court finds a substantial risk of bodily injury or abuse upon expiration. The court reviews each case to determine the length of the order based on the circumstances and evidence presented.
The Basics of Protective Orders and Harassment
Prevention Orders
Understanding the Different Types of Orders
In Massachusetts, there are primarily two types of restraining orders: the 209A Protective Order, aimed at preventing abuse by a family or household member, and the 258E Harassment Prevention Order, designed to protect individuals from harassment by anyone, regardless of their relationship with the victim. These legal tools are essential in safeguarding individuals from:
- physical harm,
- sexual abuse, or
- harassment,
including threats made via phone call, text message, or any form of contact.
Where to File
The place for filing a restraining order depends on the nature of the protection sought and your relationship with your abuser/harasser. Harassment Protection Orders can be filed in your local Superior, District, Juvenile or Boston Municipal Courts. Protective orders can also be filed with the Probate and Family Court. Regardless of where you file, the process is designed to be accessible, with law enforcement agencies and the police department playing pivotal roles in ensuring immediate protection through emergency orders outside court hours.
The Process of Obtaining a Restraining Order
Initiating the Process:
The First Step
To start the process, the alleged victim must complete a complaint form, available online or at the court. You will then have a hearing that day for a Temporary Order if your abuser is not present. This initial order, which can be granted ex parte (without the other party present), provides immediate, temporary protection until a full court hearing can be scheduled, typically within 10 business days. This swift action underscores Massachusetts law’s recognition of the substantial likelihood of immediate danger of abuse.
From Temporary to Final:
The Court Hearing
After the temporary order is in place, the next critical juncture is the court hearing. Both parties are given the opportunity to present evidence, including:
- medical records,
- police reports, or
- witness testimony,
to support or contest the issuance of a final restraining order. This hearing is crucial, as it determines whether long-term protection is warranted based on the evidence of abuse, harassment, or immediate danger.
Duration and Extensions: Navigating Long-Term Protection
Initial Orders and Extensions
A temporary restraining order in Massachusetts typically lasts until the court hearing for the final order, which can then extend protection for up to a year. However, victims have the right to request extensions, which can lead to a permanent order if the court finds a continued risk of harm. These extension hearings require careful preparation, as they are pivotal in ensuring ongoing safety.
Permanent Orders:
Understanding the Implications
Permanent restraining orders, while rare, are issued in cases where the court deems the threat of harm to be ongoing and severe. Such orders significantly impact both parties, including potential effects on:
- child custody,
- housing, and
- even employment,
due to the inclusion of the order in one’s criminal record. It’s essential to understand both the benefits and the implications of seeking a permanent order.
Legal Representation and Support:
Finding Affordable Help
The Importance of Experienced Legal Guidance
While the restraining order process is designed to be accessible, navigating the complexities of Massachusetts courts, understanding the specific requirements of family court versus district court, and presenting a compelling case for protection can be challenging. Experienced legal representation is invaluable, particularly when seeking an extension or facing a contested hearing.
Affordable Legal Assistance
At Afford Law, we don’t want money to stand in the way of your safety. That’s why we offer a sliding scale when setting our fees. The less you earn, the less you pay. Our mission is to provide experienced legal representation you can afford.
Protecting Your Safety:
Compliance and Enforcement
Following the Terms of the Order
Once a restraining order is granted, compliance is crucial. Violations of the order, whether by:
- contact,
- proximity (being too close to the person), or
- through indirect messages,
can lead to criminal charges and further legal action. It’s important for both the petitioner and the respondent to understand the terms of the order fully and adhere to them strictly.
Reporting Violations:
Working with Law Enforcement
Law enforcement officers play a critical role in enforcing restraining orders. You should report any violations to the police department immediately, providing any evidence of the violation. Law enforcement can take swift action, including arresting the violator, which can lead to criminal proceedings and additional sanctions.
Leveraging Legal Aid and Community Resources
Finding Support Beyond the Courtroom
Beyond legal representation, many community resources and advocacy groups offer support to individuals affected by:
- domestic violence,
- sexual harassment, or
- abuse.
These organizations can provide emotional support, guidance on safety planning, and assistance in connecting with local law enforcement agencies to ensure violations are taken seriously and acted upon promptly.
Education and Empowerment:
The Key to Protection
Educating yourself about your rights and the protections available under Massachusetts law is a crucial step toward empowerment. Knowledge is not only power—it is protection. By understanding the nuances of the legal system, the specifics of protective and harassment prevention orders, and the resources at your disposal, you can take informed steps toward securing your safety and well-being.
Final Thoughts
Understanding restraining orders in Massachusetts is the first step toward safeguarding yourself or a loved one from harm. Whether facing a situation involving a:
- family member,
- household member, or
- an instance of harassment,
the legal system offers mechanisms for protection. By familiarizing yourself with the types of orders available, the process for obtaining and extending these orders, and the importance of legal representation, you can navigate this challenging journey with greater confidence and security.
Help Getting a Restraining Order in Massachusetts
If you’d like help getting a Restraining Order without paying an expensive attorney, we can help. With our Legal Coaching we can walk you through every step to make sure you’re ready for your hearing. The first thing to do is see if you qualify for a Massachusetts Restraining Order. Click on the link below to see if you qualify for either type of Restraining Order.
Legal Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific circumstances and receive tailored guidance.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.