Massachusetts Domestic Violence Abuse Prevention Orders

Note: Any person in an emergency situation requiring immediate intervention should call 911 for assistance.

Living with domestic violence is a horror for victims. At times, it can seem like there’s no escape from the vicious and often violent cycle of domestic abuse. The Commonwealth of Massachusetts understands their plight and has safeguards and protections built into state laws. This includes restraining orders, known as abuse prevention orders (APO) in Massachusetts.

This article offers a focused examination of the Massachusetts abuse prevention orders available to victims of domestic violence. FindLaw’s Massachusetts Protective Orders Laws examines all orders of protection in the Bay State. A broad overview of the statutes, protections, and punishments associated with family abuse is available in FindLaw’s Massachusetts Domestic Violence Laws article.

Massachusetts Domestic Violence Abuse Prevention Orders: Who Are They For?

For a crime to be considered domestic violence in Massachusetts, it’s required to occur between a specific subset of people. Those eligible are:

• A spouse
• A former spouse
• Parents who have a child in common
• Family member by consanguinity (blood relations)
• Family member by marriage (step-family or in-laws)
• Someone you live with or used to live with
• A person you either have or have had a substantial dating relationship with (subject to court ruling)

If those involved in the offense do not fall under one of the categories listed, the crime will not be considered domestic violence. This means that certain protections may not be available.

Massachusetts Domestic Violence Abuse Prevention Orders: What Is Domestic Violence?

Now that we know who is eligible to be part of a domestic violence crime, the next step is having an understanding of what domestic violence is. In simple terms, Massachusetts defines domestic violence as criminal acts of abuse committed by either a family or household member against another.

The crimes eligible to be considered domestic abuse vary. All contain at least one of the following elements:

• Causing physical harm
• Attempting to cause physical harm
• Causing another to engage in involuntary sexual relations by force, threat, or duress
• Placing another in fear of imminent serious physical harm
• Using coercive control

Coercive control involves a pattern of behavior from the abuser that threatens, intimidates, harasses, isolates, controls, coerces, or compels compliance from the victim through fear as a form of domestic violence. It was added in June 2024 with the passage of House Bill 4744 (H.4744).

Coercive control, as passed, is only considered domestic violence when used while violating an abuse prevention order (APO). This may be amended at some point.

Massachusetts Domestic Violence Abuse Prevention Orders: What Types Are Available?

There are different types of restraining orders in Massachusetts. It can be confusing to know which one applies to your situation, so understanding the differences between them can help you choose.

Abuse Prevention Orders (APO)

Abuse prevention orders, also known as 209A Orders, are the most common form of relief for victims of domestic violence abuse. They can be issued by any of these Massachusetts courts:

• District courts
• Probate and family courts
• Boston Municipal Courts (BMC)
• Superior courts

Call one of the courts to begin filing your 209A Order, which includes pages 1 and 2 of the complaint, the affidavit, the plaintiff confidential information form, and the defendant information form. You may need to file additional forms for child and/or pet custody. There is no fee for this filing.

After reviewing your petition, a judge will contact you to ask questions. If they feel your petition has merit, a case hearing date will be set. At the case hearing, both the alleged victim and the alleged abuser will offer their side of the story, which includes presenting evidence and producing witnesses.

The judge will decide whether or not to impose the APO against the defendant. If approved, the APO is in effect for up to a year. It can be further extended or made permanent. Massachusetts APOs will be honored by other U.S. states and territories under the Violence Against Women Act (VAWA). Make sure you have a copy of the order with you at all times.

Emergency (Ex Parte) Abuse Prevention Orders

If either a victim or their loved ones are in immediate danger from a domestic violence abuser, they can request an emergency (ex parte) APO. It differs from an APO because it’s enacted as a temporary relief and doesn’t require the alleged abuser to be consulted before being issued. If the victim convinces the judge that it’s necessary, it goes into effect.

Emergency APOs last ten days or until the case hearing, whichever comes first. The same restrictions can be applied to the APO request.

Emergency Protection Orders

An emergency protective order is a temporary order issued outside of regular court hours. Law enforcement officers use the Judicial Response System to obtain the order, which is then served to the defendant. The victim is required to file their APO on the next business day at the appropriate court.

Extreme Risk Protection Orders (ERPO)

ERPOs are also referred to as a “red flag law.” An ERPO petition contends that the defendant’s access to firearms is a danger to themselves and others. ERPO case hearings are similar to those of an APO. Defendants in ERPO hearings can opt to have a defense attorney represent them.

Harassment Protection Order (258E Orders)

A harassment protection order is not a domestic violence order of protection, but it’s worth a mention. Harassment prevention orders (HPOs), also called 258E Orders, share many of the same offenses with 209A Orders. These include threatening, stalking, and assault.

HPOs are used when the family or household member relationship doesn’t apply, such as when the courts rule that a dating relationship isn’t substantial enough. HPOs can also be emergency orders.

APOs are neither confirmations of abuse nor admissions of guilt. The order itself can’t be used as evidence, but any violation of an APO is a criminal act that goes on the defendant’s criminal record.

Massachusetts Domestic Violence Abuse Prevention Orders: What Do They Protect?

Every APO will be different. Certain conditions are more common than others in Massachusetts APOs. Abusers served with an APO must abide by the terms of the court order. They may find themselves subject to any of the following concerning the victim:

• No threatening
• Surrendering of all firearms if either law enforcement or the courts deem the abuser a danger (ERPO)
• No coercion of any kind
• No causing physical harm
• No threatening to cause physical harm
• Must leave a shared residence, surrender their keys, and not return
• No forcing of involuntary sexual relations in any way
• No causing fear of abuse
• No abuse of the victim, their children, or any animals at their residence
• No contact at their workplace
• Anything else the courts deem appropriate

Courts can order that the abuser pay child support and spousal support. The victim can seek reimbursement through a civil suit.

Massachusetts Domestic Violence Abuse Prevention Orders: APO Violations

Violating an APO is a serious offense in Massachusetts, with severe punishments. While an APO is a civil order, violations can be criminal offenses. Intentional violations, such as making unapproved contact with a victim, carry a penalty of up to two-and-a-half years in a house of correction.

Charges can be enhanced when domestic violence is involved. Depending on the crime and the offender’s criminal record, they range from misdemeanors to felonies. For example, stalking someone under an APO carries one to five years in a house of correction and a fine of up to $5,000.

Anyone convicted of a crime that includes domestic violence can be ordered to complete an Intimate Partner Abuse Education Program (IPAEP), also referred to as a Batterer’s Intervention Program. IPAEPs attempt to teach abusers self-control and remove violence from their decision options.

Massachusetts Domestic Violence Abuse Prevention Orders: Additional Resources

• Jane Doe, Inc. – Massachusetts Coalition Against Sexual Assault and Domestic Violence
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Getting Help for Domestic Violence
• Massachusetts Domestic Violence Laws
• Massachusetts Protective Orders Laws

Issues With Domestic Violence Abuse Prevention Orders in Massachusetts? Talk With an Attorney

There is no good kind of domestic violence. Those suffering domestic abuse can feel hopeless and alone, but Massachusetts has ways to help. In addition to organizations like Jane Doe, Inc., speaking with a skilled Massachusetts family law attorney can provide a way out of the darkness.

Facing domestic violence criminal charges can be the end of your life as you know it. Seeking legal advice from a domestic violence attorney can make a huge difference. They know how the court system works and can give you legal advice to help you get the best possible outcome for your criminal case.