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Massachusetts Restraining Orders and Harassment Prevention Orders
209A Restraining Orders, 258E Harassment Prevention Orders, and Extreme Risk Protection Orders
Massachusetts civil protective orders include the 209A restraining order (abuse prevention order), the 258E harassment prevention order, and the extreme risk protection order. A 209A restraining order protects a family or household member from abuse. A 258E harassment prevention order protects any person from harassment, with no relationship required. An extreme risk protection order, commonly called an ERPO or red flag order, suspends a firearms license and requires the surrender of firearms when the respondent poses a risk of bodily injury to self or others.
A judge may issue a 209A restraining order or a 258E harassment prevention order without notice to the defendant. The defendant then has a hearing within ten court business days. An order after notice lasts up to one year and may be extended. Violating a 209A restraining order or a 258E harassment prevention order is a crime punishable by up to two and one-half years in the house of correction, a fine of up to $5,000, or both.
Serpa Law Office represents defendants who contest 209A restraining orders and 258E harassment prevention orders, and plaintiffs who seek protection. The firm also represents petitioners and respondents in ERPO proceedings and handles criminal charges alleging a violation of a protective order.
A defendant or respondent who is already subject to an order should read every term of the order and comply with the order immediately. Private discussions between the parties do not modify a court order. Only a judge may change or terminate the conditions of a court order.
209A Restraining Orders, 258E Harassment Prevention Orders, and ERPOs Compared
| 209A restraining order (abuse prevention order) | 258E harassment prevention order | Extreme risk protection order | |
|---|---|---|---|
| Who may obtain it | A family or household member of the defendant, as G.L. c. 209A, § 1 defines that term | Any person, with no relationship required | A family or household member, a licensing authority, a law enforcement agency or officer, a health care provider, or a school official |
| What must be proved | Abuse, meaning physical harm, fear of imminent serious physical harm, forced sexual relations, or coercive control | Three or more acts of willful and malicious conduct aimed at the plaintiff that cause fear, intimidation, abuse, or property damage, or one act of forced sexual relations or a listed offense | That the respondent poses a risk of causing bodily injury to self or others by having a firearm or ammunition |
| Standard of proof | Preponderance of the evidence | Preponderance of the evidence | Preponderance of the evidence |
| Order without notice | Yes, with a hearing within ten court business days | Yes, with a hearing within ten court business days | Yes, an emergency order with a prompt hearing |
| Duration after notice | Up to one year, extendable, and permanent when the standard is met | Up to one year, extendable, and permanent when the standard is met | The expiration date set in the order, renewable on petition |
| Firearms | Immediate license suspension and surrender in every order issued without notice, under § 3B, and after notice if the judge determines that returning the firearms or license would present a likelihood of abuse, under § 3C | Immediate license suspension and surrender in every order issued without notice, under § 4A, and after notice if the judge determines that returning the firearms or license would present a likelihood of harassment, under § 4B | The entire order concerns firearms, ammunition, and licenses |
| Violation | A crime under G.L. c. 209A, § 7, up to 2½ years in the house of correction, a fine of up to $5,000, or both | A crime under G.L. c. 258E, § 9, up to 2½ years in the house of correction, a fine of up to $5,000, or both | Failure to surrender is a crime under G.L. c. 140, § 131S, up to 2½ years in the house of correction, a fine of up to $5,000, or both |
Which Massachusetts Protective Order Applies?
209A Restraining Orders (Abuse Prevention Orders)
A Massachusetts 209A restraining order (abuse prevention order) requires a qualifying family, household, or dating relationship. The plaintiff must prove abuse as defined by G.L. c. 209A. The statutory definition of abuse includes physical harm, fear of imminent serious physical harm, involuntary sexual relations by force, threat, or duress, and coercive control.
Massachusetts courts use the criminal law to interpret the terms in the definition of abuse. The part of the definition that covers fear of imminent serious physical harm closely approximates the crime of assault. Commonwealth v. Gordon, 407 Mass. 340, 349 (1990). The judge uses the rape cases to determine what force means in the part of the definition that covers involuntary sexual relations. M.G. v. G.A., 94 Mass. App. Ct. 139, 142-143 (2018). The firm’s page on consent in Massachusetts rape and sexual assault cases explains force, incapacity, and consent.
A plaintiff may obtain a 209A restraining order without any criminal charge against the defendant. Some 209A restraining order cases begin after a domestic violence arrest, while others have no related criminal prosecution. Depending on the circumstances, a 209A restraining order may address contact, residence, children, support, property, compensation, or firearms.
258E Harassment Prevention Orders
A Massachusetts 258E harassment prevention order does not require a family, household, dating, or other personal relationship. Proceedings for 258E harassment prevention orders often involve neighbors, coworkers, students, former friends, acquaintances, or strangers.
Ordinary civil harassment requires at least three separate acts of willful and malicious conduct aimed at the plaintiff. Each act must be committed with the intent to cause fear, intimidation, abuse, or property damage. The cumulative pattern of acts must cause fear, intimidation, abuse, or property damage. Under a separate part of the definition of harassment, a judge may issue a 258E harassment prevention order based on one act involving forced sexual relations or an offense listed in G.L. c. 258E, § 1.
A judge who hears a complaint based on an offense listed in G.L. c. 258E, § 1 decides whether the plaintiff proved the elements of that offense by a preponderance of the evidence. F.A.P. v. J.E.S., 87 Mass. App. Ct. 595, 599-600 (2015).
Extreme Risk Protection Orders
An extreme risk protection order has a narrower purpose than a 209A restraining order or a 258E harassment prevention order. An ERPO suspends the respondent’s License to Carry or Firearm Identification Card and requires surrender of firearms and ammunition when the statutory risk standard is met. An ERPO does not create a general no-contact or stay-away order.
Massachusetts law permits ERPO petitions by specified family or household members, licensing authorities, law enforcement agencies or officers, certain health care providers, and designated school or college officials. The petitioner must establish that the respondent poses a risk of causing bodily injury to self or others by possessing or controlling firearms or ammunition.
What a No-Contact Order Can Mean in Massachusetts
The phrase no-contact order is a general description, not the name of one Massachusetts proceeding. A no-contact requirement may be a term in a 209A restraining order (abuse prevention order) or a 258E harassment prevention order. A no-contact requirement may instead be a pretrial release condition that the criminal court often sets at arraignment. A no-contact requirement may also be a condition of probation or an order entered in a Probate and Family Court case.
The rules that apply to a no-contact requirement depend on the written order and the court that issued the order. A civil protection order is governed by Chapter 209A or Chapter 258E. A criminal release condition is governed by the criminal court’s bail order. A probation condition is enforced through the probation violation process. A person subject to a no-contact requirement of any kind must comply with the requirement until the issuing court modifies or terminates the order.
How Does the Court Process Work?
A plaintiff seeking a 209A restraining order or a 258E harassment prevention order files a complaint and an affidavit. A judge may issue a temporary order without notice to the defendant, at an ex parte hearing, on the immediate-danger standard set by the statute. The court must then give the defendant an opportunity to be heard within ten court business days. At the hearing after notice, the plaintiff must prove the case by a preponderance of the evidence. The defendant must obey the temporary order from service or actual notice until the hearing.
Statements made at a civil hearing may be used in a related criminal case. The firm’s pages on 209A restraining order hearings and on the Fifth Amendment at a restraining order hearing explain the hearing and the decision whether to testify.
What Conditions May a Judge Impose?
The available relief depends on the governing statute and the evidence. A 209A restraining order may include conditions concerning abuse, contact, a shared residence, specified locations, children, support, compensation, and firearms. A 258E harassment prevention order may prohibit abuse or harassment, prohibit contact, require the defendant to stay away from the plaintiff’s household or workplace, and award compensation for losses caused by harassment.
The terms of a protective order vary from case to case. One order may prohibit all contact, while another may contain narrower restrictions. A party should not assume that a condition applies because it frequently appears in other protective orders.
An ERPO addresses firearms and licensing rather than interpersonal contact. An ERPO requires immediate surrender of the items listed in the order. The court may issue a warrant if the respondent does not surrender firearms or ammunition as required.
Firearms and Protective Orders
Chapter 209A, Chapter 258E, and the extreme risk protection order statute contain different firearms provisions. A 209A restraining order issued without notice suspends the defendant’s License to Carry or Firearm Identification Card and requires surrender of firearms and ammunition under G.L. c. 209A, § 3B.
Section 3C of Chapter 209A governs the continuation of the suspension and surrender after notice. A 258E harassment prevention order is subject to suspension and surrender provisions under G.L. c. 258E, §§ 4A to 4C. The firm’s page on firearm surrender under a 258E harassment prevention order explains the suspension and surrender provisions. An ERPO is directed entirely at firearms, ammunition, and licensing. Federal law, 18 U.S.C. § 922(g)(8), separately prohibits a person subject to a qualifying order from possessing firearms or ammunition while the order is in effect.
Criminal Violations of 209A Restraining Orders and 258E Harassment Prevention Orders
Violating an enforceable term of a civil order can result in a criminal case. Both G.L. c. 209A, § 7 and G.L. c. 258E, § 9 authorize a fine of up to $5,000, imprisonment for up to two and one-half years in a house of correction, or both. Other consequences may apply depending on the statute and the disposition.
The question whether an interaction violates an order depends on the terms of that order. The prosecution must prove a violation of a term that was in effect and enforceable, along with the knowledge and conduct required by the applicable criminal offense. The precise wording of the order, service or actual notice, the location, the alleged communication, and whether an encounter was intentional are the usual disputes.
The plaintiff cannot privately authorize conduct that the order prohibits. Plaintiff-initiated contact does not modify a no-contact or stay-away term. The plaintiff’s consent to contact does not prevent the arrest or prosecution of the defendant. A related criminal case is controlled by the Commonwealth, not by the complaining witness.
For the offense-specific standards, see Violation of a 209A Restraining Order, Violation of a 258E Harassment Prevention Order, and the firm’s 209A Restraining Order and 258E Harassment Prevention Order Violation FAQs.
Related Criminal, Family, School, and Employment Proceedings
A protective-order case may proceed at the same time as a criminal prosecution, divorce or custody case, school disciplinary matter, workplace investigation, licensing proceeding, or civil lawsuit. Each proceeding may use a different burden of proof and different evidentiary rules, but statements and documents created in one matter may be used in another.
Counsel who handles a 209A restraining order proceeding that accompanies a criminal domestic violence case should coordinate the hearing strategy with the defense of the criminal charge. See the firm’s Boston Domestic Violence Defense page. Students facing a court order and a parallel campus case should also review College and University Student Defense in Boston and Cambridge.
A person may face additional charges for communicating with a plaintiff or witness in violation of an order or to influence testimony or cooperation with law enforcement. The separate offense is discussed in Intimidation of a Witness Under G.L. c. 268, § 13B.
Extension, Modification, Termination, and Expungement
An initial 209A restraining order or 258E harassment prevention order issued after notice may last for a fixed period of up to one year. At a later expiration hearing, the court may extend an order for additional time and may enter a permanent order when the applicable standard is met. A judge does not have to let an order expire solely because no new incident occurred while the order was in effect.
Either party may ask the issuing court to modify or terminate an order. A defendant seeking relief ordinarily must establish a significant change in circumstances by clear and convincing evidence. A modification motion does not provide a new opportunity to challenge the evidence supporting the original order. A challenge to the evidence supporting the original order ordinarily must be raised through an appeal.
Ending an order does not automatically erase the court or statewide registry record. Expungement is rare and generally requires clear and convincing evidence of fraud on the court. The procedures for termination, modification, and expungement are explained in Terminating or Modifying a Massachusetts 209A Restraining Order and Expunging a Massachusetts 209A Restraining Order or 258E Harassment Prevention Order From the Registry.
Representation for Defendants, Plaintiffs, Petitioners, and Respondents
Counsel for a defendant or respondent begins by reviewing the complaint, the affidavit, and the temporary order. Counsel should identify the governing statute, test the allegations against its elements, examine service and notice, and assemble a complete chronology with the relevant records and witnesses.
The defendant responds with evidence, rather than a free speech argument, to a complaint that alleges physical acts, such as damage to a car, following, or forced sexual relations. The plaintiff must prove by a preponderance of the evidence that each act occurred and that the defendant committed each act. The defendant offers testimony, witnesses, phone location records, work schedules, camera recordings, and complete message threads. The firm’s page on 258E harassment prevention orders explains how Attorney Serpa defends against a complaint that alleges physical acts.
The court holds the hearing after notice not later than ten court business days after the judge enters the temporary order. Serpa Law Office is a one-lawyer office. Attorney Serpa reviews the complaint and the affidavit with the client, gathers the records and witnesses, prepares the cross-examination of the plaintiff, and appears at the hearing himself.
Counsel for a plaintiff or petitioner must give the legal standard the same attention as counsel for a defendant or respondent. The affidavit and hearing evidence should identify the acts, dates, participants, statutory theory, requested conditions, and supporting documents. A clear presentation helps the judge determine which relief is necessary and legally available.
Serpa Law Office represents parties in protective-order proceedings in the Boston Municipal Court and in the District Courts of Greater Boston, including Brookline, Cambridge, Concord, Dedham, Framingham, Hingham, Malden, Newton, Quincy, Somerville, Waltham, and Woburn.
Contact Serpa Law Office
To discuss a Massachusetts protective-order case, call Serpa Law Office at 617.936.0201 or use the contact form on this page. The firm represents defendants, plaintiffs, petitioners, and respondents in Greater Boston and throughout Massachusetts. A person in immediate danger should call 911.
Related Serpa Law Office Resources
- Massachusetts 209A Restraining Orders (Abuse Prevention Orders)
- How to Get a 209A Restraining Order in Massachusetts
- Roommate Restraining Orders in Massachusetts: College Dorms and Student Apartments
- 258E Harassment Prevention Orders Involving Students and Children in Massachusetts
- 258E Harassment Prevention Orders Between Neighbors in Massachusetts
- Criminal Charges Between Roommates in Massachusetts: Dorms, Apartments and Clerk-Magistrate Hearings
- A 209A Restraining Order and Criminal Charges From the Same Incident
- Massachusetts 258E Harassment Prevention Orders
- How to Get a 258E Harassment Prevention Order in Massachusetts
- Massachusetts Extreme Risk Protection Orders
- Firearm Surrender Under a Massachusetts 258E Harassment Prevention Order
- Criminal Violation of a 209A Restraining Order
- Criminal Violation of a 258E Harassment Prevention Order
- Terminating or Modifying a 209A Restraining Order
- Expunging a Massachusetts 209A Restraining Order or 258E Harassment Prevention Order From the Registry
- Massachusetts Restraining Order and Harassment Prevention Order Expungement FAQs
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