Restraining orders in Massachusetts are governed by M.G.L. c. 209A.  This statute (or law) provides protection for victims of domestic violence and defines duties of police officers in these cases.  It allows the courts to issue orders of protection.  These orders are civil in nature unless the defendant violates the order.  Then it becomes a criminal matter.  These orders of protection are often called 209As, abuse prevention orders, restraining orders, or orders of protection.  The plaintiff is the party asking the court for the order of protection and the defendant is the party whom the order is issued against.

There are certain requirements that must be met under the law for a plaintiff to receive a restraining order.  The plaintiff must be related to the defendant in one of the following ways:

• Married or formerly married to the defendant

• Related by blood or marriage to the defendant
• Member or former member of the same household
• Child in common with the defendant, whether or not they were married
• Dating relationship with the defendant

The plaintiff must also allege some form of abuse as defined in M.G.L. c. 209A § 1:

§ Defendant caused physical harm

§ Defendant attempted to cause physical harm

§ Defendant placed the plaintiff in fear of imminent serious physical harm

§ Defendant caused the plaintiff to engage in sexual relations by force, threat of force or duress

If a judge determines that the plaintiff has met both the relationshop and abuse requirement, then the plaintiff may request any of the following relief available on the restraining order:

1. Order the defendant not to abuse the plaintiff.

2. Order the defendant not to contact the plaintiff directly or indirectly, by phone, mail, e-mail, text or through a third party.  The defendant is usually ordered to stay 50 to 100 yards away from the plaintiff.

3. Order the defendant to vacate and stay away from the plaintiff’s residence, even if the defendant’s name is on the lease or deed.

4. Impound the plaintiff’s address from the defendant and the public.

5. Order the defendant to stay away from the plaintiff’s workplace, even when the plaintiff is not there.

            6. Grant the plaintiff temporary custody of the children.

7. Order the defendant not to contact the children, to stay away (usually 50-100 yards) from them, and to stay away from their school or daycare.

8. This provision allows for visitation between the children and defendant; however only the Probate and Family Court can order this.

9. Order the defendant to pay the plaintiff temporary spousal or child support.

10. Allow the defendant to return to the residence in the presence of a police officer to retrieve undisputed personal belongings at a time convenient to the plaintiff.

11. Order the defendant to pay for losses suffered as a direct result of the abuse.

12. Order the defendant to surrender all firearms and license to carry firearms to the police.

13. This is a blank section for the court to order any other relief, such as surrender of car keys, social security cards, etc.

 Where to get a Restraining Order

A plaintiff may request a restraining order from the district court or probate and family court that serves the town the currently in. If a person has left their home becuase of the abuse, they may obtain an order from the place the fled from, or the place they fled to.  If you need to request a restraining order at a time when the local courts are closed, you may go to the local police department to obtain an order.