The abuse prevention law in Massachusetts, known as Chapter 209A, enables victims to seek a court order for protection from abuse. This could be referred to as a 209A order, Restraining Order, Abuse Prevention Order, or protective order. The law provides a range of protections and includes the immediate suspension of the abuser’s firearms license if there’s a substantial likelihood of immediate danger of abuse. Violating an Abuse Prevention Order can result in fines up to $5,000, imprisonment for up to 2.5 years, or both. Additionally, abusers may be mandated to complete a certified batterer’s intervention program unless the court finds good cause not to impose such a requirement.
Understanding the Massachusetts
Abuse Prevention Act
The Foundation of Restraining Orders and Protective Orders
Massachusetts law offers protective measures for those facing abuse. The Massachusetts Abuse Prevention Act serves as the cornerstone for victims seeking safety through legal avenues. The Act allows the courts to issue Restraining Orders or protective orders to ensure the immediate protection of victims, aiming to prevent any contact from your abuser and thereby reducing the risk of further harm.
Criteria for Obtaining a Restraining Order
The process to obtain a Restraining Order in Massachusetts is designed to be accessible, yet it requires an understanding of specific criteria. Victims must demonstrate a substantial likelihood of immediate danger of abuse, which the courts evaluate seriously. Whether you’re dealing with:
- physical abuse,
- emotional abuse,
- harassment, or
- fear of imminent serious physical harm,
the legal definition of abuse under the Act is broad and inclusive.
Eligibility for Protection Orders
Protecting Household Members and Intimate Partners
Massachusetts law recognizes the vulnerabilities of household members – those who are or have been living with the abusive person. The Act extends its protective measures to include individuals who have had sexual relations with the abuser or are in an engagement or substantive dating relationship, or are related by blood or marriage acknowledging the varied forms that abusive relationships can take.
Legal Protections for Different Types of Relationships
The law understands that abuse can occur in a variety of relationships. Beyond immediate family, protection is also available to those who might not traditionally be considered household members. Massachusetts law broadens the scope to encompass anyone subjected to malicious conduct, including sexual harm, from a specific person, regardless of the length of time of the relationship.
The Legal Process for
Protection Orders
Initiating the Process in Court
When seeking a Restraining Order, you must go to your local Superior Court, District Court, Boston Municipal Court or Probate and Family Court. You’ll fill out all the forms to apply for the order. You’ll have an ex-parte hearing the same day. It’s called an ex-parte hearing because there will only be one party, in this case, you, addressing the court. If the judge is convinced that you need an order right away, you’ll get a Temporary Abuse Prevention Order. That Order will be in place for 10 business days. If you want to extend the Order, you’ll need to return to court on that day for a 2-party hearing.
2-Party Hearing
At this hearing, your abuser will most likely be present as well. They will have been served the Temporary Abuse Prevention Order and given notice of the hearing. You both have a right to talk to the judge. Bring all evidence and witnesses with you so the judge can have all the information. If the judge feels you need further protection, they will extend the Order, usually for one year.
Emergency Order for Immediate Protection
If you’re in immediate danger, you can seek an Emergency Abuse Prevention order. That’s true even if the courts are closed. What you need to do is go to your local police station and tell them you need an Order. You’ll fill out some paperwork and the officers will call the on-call judge. If the judge grants your Emergency Order, it will be valid until the close of business the next business day. To extend it, you need to go to court that day and ask for an extension.
Violations and
Legal Consequences
The Serious Implications of Violating a Protective Order
A violation of an Abuse Prevention Order is a grave criminal offense. Massachusetts law enforces strict penalties for abusers who disregard these orders, which may include criminal charges leading to incarceration, substantial fines, or both, thus emphasizing the strength and seriousness of these protective orders.
Enforcement by Law Enforcement Agencies
The role of law enforcement is paramount in the enforcement of these orders. Massachusetts law mandates law enforcement agencies to take action on violations, which may involve a criminal complaint or criminal case, providing victims with the support and security they need to enforce the terms of the order.
Comprehensive Protection for Abuse Victims
Emotional Abuse and the Role of the Criminal Defense Attorney
Massachusetts law acknowledges emotional abuse as a form of harm, offering protection against various abusive behaviors. Engaging a criminal defense attorney can provide victims with an advocate who can navigate the complex legal system and uphold their rights.
Massachusetts Law and Abuse Prevention Orders
The Massachusetts General Laws Chapter 209A lays out the specifics of Abuse Prevention Orders, detailing everything from the legal definition of abuse to the procedural requirements for obtaining a protective order. This statutory mechanism provides a clear legal pathway for victims seeking relief from abuse.
The Aftermath of Obtaining a Protection Order
Next Steps After the Court Hearing
Following a court hearing, there are practical steps that you can take.
- Keeping a copy of the order on hand,
- informing family members, and
- ensuring that local law enforcement has the order on file
are all recommended practices.
Renewing or Extending Protection Orders
Protection orders, whether temporary or long-term, have a set duration. However, Massachusetts law provides mechanisms for extending these orders, including the possibility of making them permanent if necessary, thus offering long-term safety and stability for victims.
Long-Term Implications
and Support
The Path to Healing and Ongoing Support
After securing a protective order, the journey to recovery and the pursuit of safety continues. Local resource centers and advocacy groups can provide ongoing support, while courts offer various forms of legal and civil assistance to maintain the protective barrier against the abuser.
Addressing Child Support and Family Matters
Abuse cases often intersect with other family law matters, like child support, where the Massachusetts law ensures that these essential issues are also addressed. Victims of abuse can seek legal orders which account for child support and custody arrangements, adding an additional layer of stability and protection.
Modification of Orders in Response to Changed Circumstances
Life circumstances change, and the law provides for this. You can apply for modifications to your Abuse Prevention Order if there’s a significant change in situation. This could include an escalation of threat, a change in the abuser’s behavior, or any other condition that affects the victim’s need for protection.
Understanding the Criminal Aspects of Abuse
Prevention Orders
Consequences of Criminal Charges in Abuse Cases
An Abuse Prevention Order carries significant criminal implications for the abuser. Violating such an order can lead to criminal charges that may affect one’s criminal record, reinforcing the protective orders as not merely a civil matter but a concern of the criminal justice system.
The Intersection of Criminal Defense and Abuse Prevention
It’s often a good idea for victims to understand the criminal aspects of abuse prevention. This knowledge can empower them to make informed decisions and, when necessary, work effectively with a criminal defense attorney to protect their rights and pursue justice.
Ensuring Compliance with Protection Orders
The Importance of Following the Terms of the Order
Compliance with the terms of the order is critical for both the victim and the abuser. For the victim, following the guidelines ensures legal protection, while for the abuser, adherence is vital to avoid legal repercussions like a technical violation.
Strategies for Victims in Enforcing Protection Orders
You play a vital role in enforcing your Abuse Prevention Order. You should immediately report any violations and keep detailed records of any prohibited contact or behavior. These are essential steps in leveraging the full force of the law and keeping you safe.
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.
