In Massachusetts, a 209A Protective Order requires the petitioner and respondent to have a specific relationship (marriage, cohabitation, family, shared child, or substantial dating relationship). The petitioner must prove the respondent has caused or attempted to cause physical harm, placed the petitioner in fear of imminent serious physical harm, or forced sexual relations through force or threat. The process involves filing a petition in district, probate and family, or superior court, followed by a court hearing. Temporary orders may be issued immediately, with a full hearing scheduled within 10 days to decide on a final order. Evidence of abuse, while not mandatory, strengthens the case.
Introduction to 209A
Protective Orders
Navigating the aftermath of experiencing abuse can be challenging. That’s especially true when you are considering legal action to protect yourself. In Massachusetts, a 209A Protective Order, also known as an abuse prevention order or a restraining order, serves as a critical tool for individuals seeking safety from a household member who poses a threat. This legal measure is designed to provide protection by legally prohibiting your abuser from continuing their harmful behavior.
Eligibility and Relationship Requirements
The first step in seeking a 209A Protective Order involves understanding who can file for such an order. Massachusetts law requires that the petitioner (the person seeking protection) and the respondent (the person from whom they seek protection) have a specific type of relationship. This includes individuals who are or were:
- married,
- living together,
- related by blood or marriage,
- have a child together, or
- are in a substantial dating relationship.
It is crucial to demonstrate the nature of your relationship with the alleged abuser when filing your petition. This foundational step ensures that your case is considered under the appropriate legal framework and that you receive the protection tailored to your circumstances.
Legal Definition of Abuse
For a court to grant a 209A Protective Order, there must be evidence of abuse. Abuse is legally defined as:
- Causing or attempting to cause physical harm,
- Placing someone in fear of imminent serious physical harm, or
- Coercing someone into involuntary sexual relations through force, threat, or duress.
Understanding this legal definition is vital. It helps you to prepare your case by gathering the necessary evidence, such as:
- medical records,
- police reports, or
- witness statements,
which can substantiate your claim of abuse.
The Application Process
Filing for a 209A Protective Order involves completing an application form available at your local district court, family court, or superior court. The process can begin on an ex parte basis, meaning you can request a temporary order without your abuser being present, based on the immediate danger you face.
If a Temporary Order is issued, you’ll be given a court date, usually within 10 business days, for a hearing where both parties can present their cases. You must attend this hearing if you want to extend the order. If you don’t, the Temporary Order will expire at the end of that day.
Temporary Orders and Emergency Protection
In cases where there is an immediate threat of abuse, the court can issue a temporary restraining order on the same day you file your petition. This temporary order provides immediate protection until the scheduled hearing. If you need protection outside of regular court hours, law enforcement officers can petition a judge on your behalf for an emergency temporary order.
These temporary measures are crucial for ensuring your safety during the legal process, providing a buffer period in which the court can assess the need for a long-term protection order.
Court Hearings and Final Orders
During the court hearing for your 209A Protective Order, both you and the respondent will have the opportunity to present evidence and testify. The judge will evaluate the evidence to determine whether a final order is warranted based on the legal standard of a substantial likelihood of immediate danger of abuse.
A final order can include various provisions, such as:
- prohibiting the respondent from contacting you,
- ordering them to vacate a shared residence, and
- surrendering firearms.
It’s essential to understand the scope of these orders and how they can be tailored to address your specific situation.
Violations and Legal Consequences
Violating a 209A Protective Order is a criminal offense in Massachusetts. If your abuser disobeys the order’s terms, they can face criminal charges, leading to:
- arrest,
- prosecution, and
- potentially jail time.
Reporting any violations to the police is crucial, as it triggers legal action to enforce the order and protect you from further abuse.
Other Legal Considerations
In addition to 209A Protective Orders, Massachusetts law provides for Harassment Prevention Orders, which can be sought in situations not covered by 209A, such as non-domestic abuse or stalking by someone with whom you do not share a specific relationship.
Moreover, the outcome of a 209A case can influence related legal matters, such as:
- divorce cases,
- child custody, or
- support proceedings,
underscoring the importance of a comprehensive legal strategy that considers all aspects of your situation.
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.
