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.
