A 209A in Massachusetts refers to a protective order under Chapter 209A of the Massachusetts General Laws, aimed at preventing domestic violence. It allows individuals facing abuse from a family or household member to seek court protection. The order can mandate the abuser to stop the abuse, avoid any contact with the victim, and stay away from the victim’s home or workplace. It may also address custody of minors and financial support. This legal measure is essential for the safety and well-being of individuals experiencing domestic violence.
What is a 209A Protective Order?
The 209A Protective Order, under the Massachusetts General Laws Chapter 209A, is a civil court order intended to protect victims of domestic violence from their abusers. This order is applicable when the abuser is a family or household member, including those in a:
- marriage,
- substantive dating, or engagement relationship, or
- related by blood.
It’s a crucial step towards ensuring your safety and can include provisions to cease abuse, avoid contact, and stay away from the victim’s home or workplace.
How to Apply for a 209A Order
Filing for a 209A Protective Order involves submitting an application at your local district court, family court, or superior court. The process begins with filling out detailed forms, available at all court clerks’ offices. These forms ask for sensitive information about:
- your relationship with the abuser,
- descriptions of the most recent abuse, and
- any criminal charges or harassment prevention orders previously filed.
It’s advisable to include any hospital records of injuries or police reports to strengthen your case.
Temporary Abuse
Prevention Orders
A judge can issue a temporary 209A order, often granted ex parte (without your abuser being there), providing immediate protection. This temporary order lasts until the court hearing for the permanent order, usually scheduled within 10 business days.
2-Party Hearing
At this 2-party hearing, both you and your abuser have the opportunity to present your cases. Make sure you bring all the evidence you want the judge to see. Also, bring any witnesses you want to testify on your behalf. An extended order may be issued if the judge believes there’s a substantial likelihood of immediate danger of abuse. That Order can be for up to one year.
Criminal Charges
and Complaints
If your abuser violates the 209A order, it’s a criminal offense. You should report any violations to the police department immediately. Law enforcement can arrest your abuser based on a violation, leading to criminal charges and possibly jail time. It’s important to always carry a copy of the order with you as proof for the police.
Importance of
Legal Representation
While you can file for a 209A order without an attorney, having experienced legal representation can significantly impact the outcome. An attorney can help draft your application, prepare you for your court date, and represent you during the hearing process. Legal services may also assist in addressing related issues such as child support, divorce, or custody if applicable.
At Afford Law, we understand that paying for an attorney can be expensive. That’s why we use a sliding scale. Our fees are based on your income. The less you earn, the less you pay. Our mission is to provide experienced legal help you can afford.
The Role of the Police and
Law Enforcement
Police officers play a critical role in enforcing 209A orders. They can provide emergency protection and arrest your abuser for order violations. It’s vital to report any incidents of physical abuse, sexual assault, or threats of harm to your local police department to ensure your safety and the effectiveness of the order.
Civil vs. Criminal Proceedings
Understanding the difference between civil and criminal proceedings is essential. While a 209A order is a civil order aimed at preventing future abuse, criminal proceedings may occur if the abuser commits criminal acts or violates the protective order. These two legal paths operate together but serve different purposes: one for immediate protection and the other for prosecuting criminal behavior.
Resources and Support
Numerous resources are available to victims of domestic violence, including:
- court advocates,
- legal services for the indigent, and
- organizations offering safety planning and emotional support.
Don’t hesitate to reach out for help, whether through a phone call, text message, or contact form on a legal website. Remember, you’re not alone, and there are professionals ready to support you every step of the way.
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.
