Domestic Restraining Orders

It has become more and more common for citizens to call upon the courts to provide protections for them and, in many cases, to prosecute those accused of committing crimes. If a crime has not been committed or the victim isn’t interested in pressing criminal charges, the court still can issue protections. In many cases, a person has committed a crime and is being prosecuted, and the victim wants or needs the additional protection of a restraining order.

Massachusetts General Laws, Chapter 209A, contains the rules concerning the issuance and enforcement of a Domestic Restraining Order, often referred to as a “209A” order.

Who Can Seek a 209A Restraining Order?

The law limits this order to persons who:

• Are or were married to each other,
• Are or were living together,
• Are or were related by blood or marriage,
• Have a child together, or
• Are in a “substantive dating relationship.”

How Do I Initiate a 209A Restraining Order?

You (the “plaintiff”) have to demonstrate to the judge with a “preponderance of evidence” that you are “suffering from abuse” by the defendant. Abuse is defined by the statute as:

• Attempting to cause or causing physical harm;
• Placing the person in fear of imminent serious physical harm; or
• Causing the person to engage involuntarily in sexual relations by force, threats or duress.

How Does a Domestic 209A Restraining Order Protect Me?

The judge who finds that the person has demonstrated abuse can make any combination of the following orders:

• Stop or refrain from abuse
• Refrain from contacting you in any way, including in person; by telephone, mail, email or social media; or through a third party, etc.
• Refrain from abuse and/or contact with your minor children
• Move from your home (if you live together)
• Surrender keys to home
• Stay away from your home, work or school
• Temporarily give up custody of minor children (if any)
• Temporarily pay support to you and/or your minor children, if there is a legal support obligation
• Pay out-of-pocket expenses related to the abuse, including lost wages, medical expenses, moving expenses, reasonable attorney’s fees, and replacement cost of broken items, such as door locks, windows, etc.
• Surrender firearms licenses and firearms.

What Happens if I Violate the Restraining Order?

It is important to understand that while this is considered a civil, not criminal, matter your violation of a 209A restraining order is a crime. Though not criminal, the court maintains a parallel record for anyone who has had a domestic restraining order served, whether it was for only a day or up to a year, and this information will be part of your permanent record. If convicted of violating the restraining order, you can face up to 2 ½ years in the house of correction, fines up to $5,000 and be made to complete a 44-week, certified, batterer’s-intervention course. Further, if the court places you on probation, the court may order you to wear a GPS monitoring bracelet and to stay away from certain areas, known as “exclusion zones,” which normally include the victim’s residence, child’s school and/or place of work.