Massachusetts Protective Orders Laws

In the face of abuse, victims may not know what Massachusetts law can do to help them. Protective orders, also known as civil restraining orders, are designed to provide relief and are available through the Massachusetts Abuse Prevention Act. Through such orders, courts can prohibit abusers from contacting and stalking victims. The law also provides stiff penalties for violations.

Knowing which protective order applies to your situation can be complicated. You won't want to make a mistake when you come to court. This guide examines the types of protective orders available in Massachusetts, breaks down how they work, and helps you understand which one you need.

The focus of this article relates to civil protection orders which last for specific periods of time and can be renewed or extended. They are "no contact" or restraining orders issued in a civil court process. Although the orders come from a civil court, violations could result in criminal charges or contempt of court.

In contrast, in a criminal case involving an underlying crime of domestic violence, the judge may place "no contact" conditions on a defendant's bail. They may also conduct a dangerousness hearing at arraignment to determine whether to hold someone in jail after an arrest. A restraining order or bail condition in a criminal case only lasts as long as the criminal case.

If an overview of domestic abuse is better suited for you right now, FindLaw's Massachusetts Domestic Violence Laws article has you covered. Otherwise, read on for what you need to know about civil protective or restraining orders in Massachusetts.

What Protective Orders Are Available in Massachusetts?

Which type of civil protective order you're eligible for depends on your relationship with the abuser. Certain associations make the conduct at issue domestic violence. Criminal acts between strangers still qualify for protection, but the process may take place in a different court.

Orders focused on offering protection from an abuser may have different qualifications, but the available types of relief overlap. Some common provisions of protective orders in the state of Massachusetts include:

• Forbidding the abuser to make contact with the victim
• Forbidding the abuser from abusing the victim
• Forcing the abuser to surrender all firearms
• Awarding temporary custody of children to the victim
• Ordering the abuser to vacate a shared dwelling and not return
• Recommending the abuser enter a batterer's intervention program

This is not an exhaustive list. The court can impose any condition it sees fit to secure the victim's safety.

The following courts issue protective orders in Massachusetts:

• Superior court
• District court
• Probate and family court
• Boston Municipal Court

Remember that while protection orders are issued in civil courts, the penalties for violating them can be criminal charges. Let's look at the types of orders available so you can figure out which one you might require.

Abuse Prevention Order (APO) (209A Order)

An abuse prevention order (APO) is also referred to as a "209A Order," after the Massachusetts Law chapter focused on abuse prevention. APOs are available for victims of criminal acts that are considered domestic violence.

The domestic violence classification of the APO covers the definition of abuse committed between those considered family or household members. The people involved must share one of the following relationships:

• Spouses
• Former spouses
• Related by blood (consanguinity)
• Related by marriage (in-laws or stepfamily)
• Are residing together in the same household
• Have resided together in the same household in the past
• Have a child in common
• Are or have been in a substantive dating or engagement relationship

The abuse at issue in a request for an APO must involve one of the following:

• Attempting to cause or causing physical harm
• Placing another in fear of imminent serious physical harm
• Causing another to engage involuntarily in sexual relations by force, threat, or duress

The plaintiff in a civil APO hearing must prove their case by a preponderance of the evidence. This means that they can show it is more likely than not that the defendant engaged in the abusive conduct and that the parties are in a domestic relationship covered by the law. This standard differs from the burden of proof in a criminal case, where the state must convince the judge or jury "beyond a reasonable doubt."

Timing can be key after an abusive incident. If you're in immediate danger, call 911. The police may be in a position to make an arrest or issue a warrant for a criminal offense. You can also seek an emergency APO through the Judicial Response System if the courts are closed. This lasts until the end of the next judicial day, which means you'll need to file a temporary ex parte APO in civil court before the emergency order expires.

You can apply for the temporary APO at any of the courts listed above. If you plan to ask for restrictions on child custody or visitation rights, you must file in a probate and family court. Filing a Plaintiff Confidential Information form keeps your address and other personal information hidden from public view.

After your forms and your affidavit are filed, a judge will conduct an ex parte hearing with you. They'll talk with you about your situation. If they agree that the danger of abuse exists, they'll issue the temporary ex parte APO with protections tailored to your situation. A copy of the order is served to your abuser.

The temporary APO lasts until your case hearing, which is within 10 days. If the abuser doesn't show up for the hearing, your temporary APO stays in place. If they do show up, both of you tell your sides of the story. Evidence is presented and witnesses are called. The court will decide whether you met your burden. If it grants the APO, it can also issue it as a long-term APO, which lasts up to a year and is extendable.

Protective orders can vary in duration. Under certain circumstances, the court can make the order permanent. The former temporary APO can be amended to include provisions such as payment of medical expenses and the return of personal property.

Emergency and temporary APOs are not proof of guilt or admissible as evidence in a criminal trial. The abuser is required to pay for any treatment programs.

Harassment Prevention Orders (HPO) (258E Order)

While having different requirements than an APO, Massachusetts harassment prevention orders (HPOs) work in the same way and offer the same protections. The people involved aren't considered family or household members. HPOs are also referred to as a "258E Order," based on the Massachusetts Law chapter.

Crimes that qualify for an HPO include sexual assault, rape, harassment, stalking, threatening behavior, and others. Getting an HPO follows the same procedures as an APO, including going to a police department or speaking with law enforcement officers for an emergency HPO if you're in danger.

HPOs have the same durations as APOs. Final orders are extendable, but you must file before the order expires.

Extreme Risk Protective Order (ERPO)

In 2018, Massachusetts enacted a red flag law to allow family, household members, and others to seek a court order to prevent access to firearms by a person who presents a threat of harm to self and others. An extreme risk protection order (ERPO) can remove firearms from an individual or prevent their purchase. The petitioner can be either a family member, a household member, or law enforcement.

ERPOs are preventative rather than punitive. If the judge agrees that the defendant is a risk, a temporary ex parte order is issued. The police serve the order and confiscate firearms and ammunition at the same time. The defendant must also surrender any license to carry firearms and firearms identification cards they possess. A hearing is scheduled within 10 days. If a permanent ERPO is approved at a full hearing, it goes into effect for a year.

ERPOs are extendable if the request is made before they expire. Notice is sent to both law enforcement and anyone involved in the petition. Necessary forms are available on the Massachusetts site.

All protective orders issued in Massachusetts are honored in all other states and territories. Massachusetts reciprocates this through both Massachusetts and federal law. Make sure you carry certified copies of your restraining order at all times.

Protective Orders in Massachusetts: Penalties for Violations

Violating any protective order in Massachusetts is a very bad idea. A knowing violation is subject to up to two-and-a-half years in a house of correction and a fine of up to $5,000. The court is required to force the violator to attend a batterer's intervention program unless there's a good reason not to.

If the violation was because the victim reported the abuser for delinquency in child support payments, the court can levy a fine between $1,000 and $10,000 and a minimum of 60 days in a house of correction.

The court can also order that the violator be banned from coming within a certain distance of the victim and their residence. This is enforced by the violator wearing a global tracking device.

The above punishments are in addition to the penalties for any convictions for crimes committed during the violation. As a victim, call law enforcement immediately if your abuser violates or threatens to violate an APO or an HPO.

Protective Orders in Massachusetts: Summary

As you've learned, the protective orders available in Massachusetts are complex. The table below offers a recap of the law discussed above and includes links to important Massachusetts protective order statutes.

Note: Massachusetts state laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any Massachusetts law(s) you are reviewing.

Related Resources for Protective Orders Laws

• National Domestic Violence Hotline (Phone number: 800.799.7233)
• Orders of Protection and Restraining Orders
• Domestic Violence FAQ
• Am I Eligible for a Restraining Order? - Mass.gov
• Jane Doe, Inc. - Massachusetts Coalition Against Sexual Assault and Domestic Violence

Still Have Questions About Protective Orders? Speak With an Attorney

If someone is hurting you or threatening to hurt you, call 911. If you're still in fear of physical harm or other abuse, reach out to a Massachusetts family law attorney. They can make sure victims of abuse get all the protections possible from restraining orders, ensure their well-being, and help them get access to an abuse-free life.

Being named in a restraining order can have a negative effect on your future. Consider seeking legal assistance from an experienced attorney to understand your options. If you find yourself facing criminal charges, speak to a Massachusetts criminal defense attorney as soon as possible.