Massachusetts 209A Restraining Orders (Abuse Prevention Orders): Defense and Plaintiff Representation

A Massachusetts 209A abuse prevention order is a restraining order that generally orders defendants to stay away from and have no contact with people with whom they have a family, romantic or residential relationship. A judge ordinarily issues a preliminary 209A order without notice to the defendant (“ex parte”).

After the ex parte order, the defendant is entitled to a hearing within ten court business days. At that hearing the plaintiff must prove that they were abused and continue to fear the defendant by a preponderance of the evidence. Once proven, a judge may issue an extension of the original order for a fixed period of up to one year. At the expiration of that year, the judge will hear a further extension request. That later extension may be for any period of time, including a permanent order.

Violating a 209A abuse prevention order is a crime punishable by up to two and one-half years in the house of correction and a fine of up to $5,000.

To obtain the order, the plaintiff must first have a qualifying family, household, or dating relationship with the defendant. They must then prove abuse as G.L. c. 209A defines it. A plaintiff may obtain the order whether or not the defendant faces a criminal charge. Some 209A proceedings therefore begin after a domestic violence arrest, while others have no related criminal case.

A judge may order the defendant to cease many kinds of behavior under a 209A order. A defendant can be ordered to stop abusing the plaintiff, to stop contacting the plaintiff, to leave a shared home, to stay away from specified locations, or to comply with temporary custody and support provisions. The judge may also enter orders concerning custody of children, support or compensation, and surrender of firearms. The terms of each order depend on the evidence and on the relief the judge finds necessary.

A judge usually imposes temporary restrictions before the defendant has even been heard. The police ordinarily serve the resulting order on the defendant, who must comply with every enforceable condition from the moment of service, or from the moment the defendant otherwise has actual knowledge of the order’s terms. A knowing violation can result in arrest and prosecution under G.L. c. 209A, § 7.

Serpa Law Office represents defendants who contest 209A restraining orders and plaintiffs who seek protection from abuse. Attorney Joe Serpa also coordinates the 209A restraining order proceeding with any related domestic violence criminal case, divorce, custody dispute, professional licensing proceeding, or firearms licensing matter.

Who May Request a 209A Restraining Order?

Chapter 209A applies only to abuse between family or household members. Under G.L. c. 209A, § 1, the plaintiff and the defendant must fall within at least one of the following categories.

• current or former spouses
• people who live together or previously lived together in the same household
• people related by blood or marriage
• people who have a child together, whether or not they married or lived together
• people who are or were in a substantive dating or engagement relationship.

For a claimed dating relationship, the judge considers the length and nature of the relationship, how often the parties interacted, and how much time has passed since the relationship ended. The judge weighs the evidence of the relationship itself rather than relying on the parties’ labels alone.

Without a qualifying relationship, the plaintiff cannot obtain a restraining order under Chapter 209A. A 258E harassment prevention order may be an alternative, but only if the plaintiff satisfies the separate requirements of that statute.

What Constitutes Abuse Under Chapter 209A?

Under G.L. c. 209A, § 1, abuse means one or more of the following acts between family or household members.

• attempting to cause or causing physical harm
• placing another person in fear of imminent serious physical harm
• causing another person to engage involuntarily in sexual relations by force, threat, or duress
• engaging in coercive control.

Fear of Imminent Serious Physical Harm

A plaintiff who relies on fear of harm must prove that the fear is genuine and objectively reasonable and that the feared harm is serious and imminent. In Iamele v. Asselin, 444 Mass. 734 (2005), the Supreme Judicial Court instructed judges to consider the parties’ entire relationship when deciding whether the plaintiff’s fear of imminent serious physical harm is reasonable.

The judge must therefore decide what the defendant did or said, when the conduct occurred, and whether the circumstances support a reasonable fear of imminent serious harm. A past dispute may provide context, but the passage of time and the parties’ later conduct may affect whether the claimed danger was still imminent when the plaintiff requested the order.

The Supreme Judicial Court interprets the fear-of-harm definition of abuse by reference to the criminal law of assault. In Commonwealth v. Gordon, 407 Mass. 340, 349 (1990), the court wrote that the words “placing another in fear of imminent serious physical harm” closely approximate the common law crime of assault. The court relied on the assault cases for guidance.

In Commonwealth v. Robicheau, 421 Mass. 176, 181, 183 (1995), the court called conduct that places the plaintiff in reasonable apprehension of imminent serious physical harm the equivalent of the crime of assault. The judge therefore asks the question a jury asks in an assault case, which is whether the defendant’s words and actions, in the circumstances, placed the plaintiff in reasonable apprehension that physical force might be used.

Physical Harm and Self-Defense

A plaintiff may also rely on an attempt to cause physical harm or on an act that caused physical harm. The outcome of a physical-harm claim may therefore depend on whether contact occurred, who initiated the contact, and whether the defendant acted in self-defense. Photographs, medical records, messages, lawfully made recordings, and testimony from people who observed the incident can establish or refute the facts on which a physical-harm claim depends.

Involuntary Sexual Relations by Force, Threat, or Duress

The third definition of abuse is causing another person to engage involuntarily in sexual relations by force, threat, or duress. Proof of a single act of involuntary sexual relations caused by force, threat, or duress is enough to establish abuse. The Appeals Court interprets the word force by reference to the criminal law of rape.

In M.G. v. G.A., 94 Mass. App. Ct. 139, 142-143 (2018), the court wrote that force is an element of rape under G.L. c. 265, § 22 and of rape of a child under G.L. c. 265, § 22A. The court also wrote that the judge relies on the rape cases for guidance in deciding whether the plaintiff proved force.

The plaintiff in M.G. v. G.A. told the defendant twice that she wanted to stop. The defendant stayed on top of her and masturbated to ejaculation. The court held that the evidence was sufficient to prove force.

Force under the sexual-relations part of the abuse definition includes constructive force, which has the same meaning here as in prosecutions for rape and forcible rape of a child under the criminal statutes. Yahna Y. v. Sylvester S., 97 Mass. App. Ct. 184, 186 n.3 (2020).

The Appeals Court also held in Yahna Y. that a plaintiff who was sexually abused in the past does not need to prove fear of a future sexual assault. The judge decides whether an order is necessary to protect the plaintiff from the continuing effects of the past abuse. 97 Mass. App. Ct. at 186-187. The elements of force, incapacity, and consent in a rape case are explained on the firm’s page on consent in Massachusetts rape and sexual assault cases.

Coercive Control

Since September 18, 2024, the statutory definition of abuse has included coercive control, which the Legislature added to the statute in Chapter 118 of the Acts of 2024. Coercive control means a pattern of conduct intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance. The pattern of conduct must also cause a reasonable fear of physical harm or reduce a family or household member’s sense of physical safety or autonomy.

The statute lists the following examples.

• isolating a person from family, friends, or other support
• depriving a person of basic needs
• monitoring or controlling communications, movements, finances, resources, or access to services
• compelling a person to act or to refrain from acting
• threatening a child, relative, or animal
• intentionally damaging the person’s property
• threatening to publish sensitive personal information or intimate images
• using repeated court actions that a court finds lack support in existing law or a good-faith argument.

For harm to a child or relative, abuse of an animal, or publication of sexually explicit images, the statute permits a single qualifying act rather than a pattern, although the conduct must still satisfy the statute’s intent and effect requirements.

Coercive-control claims usually depend on a detailed record, because messages, financial documents, account access, location information, and the dates of the alleged acts may support or contradict the claim. For more detail about the amendment, see Coercive Control Under Chapter 209A. For an appellate analysis of the evidence required to support a restraining order based on coercive control, see the firm’s discussion of V.B. v. B.W.R.T.

How a 209A Restraining Order Case Begins

The plaintiff starts a 209A restraining order case by filing a complaint and a sworn affidavit in a court authorized to hear Chapter 209A cases. The plaintiff may file in the District Court, the Boston Municipal Court, the Probate and Family Court, or the Superior Court, depending on the relationship and the circumstances. A plaintiff may seek an emergency restraining order through the Judicial Response System by contacting the police when the courts are closed. The page on how to get a restraining order (abuse prevention order) in Massachusetts explains each step for the person asking for the order.

The Temporary Ex Parte Order

A judge may issue a temporary restraining order without notice to the defendant if the plaintiff proves a substantial likelihood of immediate danger of abuse. The order is called an ex parte order because the defendant has not yet had an opportunity to respond. The judge may grant all, some, or none of the conditions the plaintiff requests.

The court must then give the defendant an opportunity to be heard no later than ten court business days after the court enters the temporary order. The police generally serve the complaint, the summons, and the order on the defendant, who should follow the order’s written terms exactly until a judge changes or ends the order.

The Hearing After Notice

The hearing after notice, often called the ten-day hearing or the return hearing, is the defendant’s first opportunity to contest the order. At the hearing after notice, the plaintiff bears the burden of proving abuse by a preponderance of the evidence. Both parties may present evidence, testify, and question the opposing witnesses, subject to the judge’s rulings.

Counsel should begin preparing for the hearing with the plaintiff’s complaint and affidavit. Counsel should then compare each allegation in the complaint and affidavit with the messages, call records, photographs, medical documents, location information, and prior statements. A clear chronology often helps the judge evaluate the evidence. Counsel can use the chronology to show material inconsistencies without unnecessary argument.

The formal trial rules of evidence do not apply in the same way at a 209A restraining order hearing, so the judge may receive material under a more flexible standard. Even so, the judge weighs authenticity, authorship, completeness, context, and source reliability when a party relies on screenshots or a partial message thread. The firm’s guide to admitting and objecting to digital evidence in Massachusetts criminal cases explains the stricter authentication, hearsay, completeness, and extraction requirements that apply when a party offers the same material in a related criminal case.

The question whether the defendant should testify requires its own analysis. Testimony may answer an allegation that no other evidence can address, but it may also create evidence for a pending or anticipated criminal prosecution. For an analysis of the choice whether to testify and of the possible consequences of remaining silent, see the Fifth Amendment at a 209A restraining order hearing.

The judge should not continue the temporary order if the plaintiff does not meet the burden of proof. Conversely, the judge may enter a restraining order after notice for a fixed period of up to one year if the plaintiff proves abuse. The judge may include in the order whatever conditions the judge finds necessary on the evidence.

How to Oppose a 209A Restraining Order in Massachusetts

A defendant who wants the temporary order to end at the hearing after notice should prepare in the following order.

1. The defendant must obey the temporary order. The defendant should read every term of the order and must comply with each term from the moment of service. A violation of the temporary order before the hearing is a separate crime. The judge will hear about any violation at the hearing after notice.
2. Counsel obtains the complaint and the affidavit. The clerk’s office provides the plaintiff’s sworn affidavit, which states the allegations that the plaintiff must prove at the hearing. Counsel prepares the defense to the allegations in the affidavit.
3. Counsel assembles the record. Counsel collects the complete message threads, call logs, photographs, medical records, financial records, and location data that relate to the allegations. Counsel also identifies the witnesses who saw the events.
4. Counsel writes a chronology. The chronology sets out, in date order, the relationship, the incidents alleged, and the parties’ contact since those incidents. Counsel uses the chronology to identify gaps and contradictions in the affidavit.
5. Counsel identifies the statutory defense. The judge must find both a qualifying relationship and abuse as § 1 defines it. Counsel may therefore argue that the plaintiff has not proved a qualifying relationship, physical harm or an attempt to cause harm, a reasonable fear of imminent serious physical harm, or a pattern that satisfies the coercive control definition.
6. The defendant decides with counsel whether to testify. Counsel and the defendant decide together whether testimony is worth the risk when a criminal case is pending or expected. The risk is that the Commonwealth may use a statement made at the civil hearing in the criminal case.
7. The defendant appears with counsel, who tries the case. At the hearing, counsel cross-examines the plaintiff, presents the defendant’s evidence and witnesses, and argues the elements. The temporary order continues in effect if the defendant does not appear.
8. The defendant plans for the result of the hearing. The defendant should note the expiration date of any restraining order entered by the judge. The defendant should also note that the clear and convincing evidence standard applies to a later motion to modify or terminate the order.

Mutual Orders and Cross Complaints

Both parties may file complaints if each claims abuse by the other. Under G.L. c. 209A, § 3, a judge may issue mutual restraining or no-contact orders only after making specific written findings of fact. The resulting orders must also be detailed enough to identify each party’s obligations and to allow the police to determine who has violated which order.

A defendant who is considering a cross complaint should weigh any related criminal case before filing a sworn affidavit or testifying, because statements made to obtain a civil order may later be used in another proceeding.

What Relief May the Court Order?

Chapter 209A authorizes several forms of relief. The judge may order the defendant to do the following.

• refrain from abusing the plaintiff
• have no contact with the plaintiff unless the court authorizes the contact
• leave and remain away from a household or workplace
• refrain from abusing or contacting a child in the plaintiff’s care or custody
• comply with temporary custody, support, or compensation provisions
• comply with any firearms suspension and surrender provisions included in the order.

The defendant must follow the terms written in the order itself. One 209A abuse prevention order may contain no-contact and stay-away provisions, while another may contain narrower conditions. Neither party should therefore assume that a condition applies merely because the same condition appears in many other orders.

Firearms, Ammunition, LTCs, and FID Cards

Under G.L. c. 209A, § 3B, the judge must order the immediate suspension of the defendant’s firearms licenses and the surrender of the defendant’s firearms when the plaintiff demonstrates a substantial likelihood of immediate danger of abuse. Section 3B applies when the judge issues a temporary or emergency order.

Under §§ 4 and 5, a judge may issue a temporary order without notice, or an emergency order, only if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse. Every order issued without notice therefore includes a suspension and surrender order. After notice, however, the judge does not order or continue the surrender automatically. A surrender order may cover the firearms, ammunition, license to carry (LTC), and firearms identification (FID) card that the defendant controls, owns, or possesses.

At the hearing after notice, G.L. c. 209A, § 3C requires the judge to decide whether returning the surrendered items would present a likelihood of abuse to the plaintiff. The suspension and surrender order continues for as long as the restraining order remains in effect if the judge finds that returning the items would present a likelihood of abuse to the plaintiff. A defendant may petition the court for review of a surrender order under § 3B. A defendant whose employment requires a firearm may also request an expedited hearing.

A firearms surrender order under Chapter 209A is different from an extreme risk protection order. A 209A restraining order also affects firearms licensing, both while the order is in effect and after the order ends. Under G.L. c. 140, § 121F, as enacted by St. 2024, c. 135, a person who is subject to a 209A restraining order cannot hold a license to carry or an FID card while the order remains in effect.

The licensing consequences after the order ends require a separate analysis under G.L. c. 140, § 121F. The page on firearm surrender under a 258E harassment prevention order covers §§ 4A and 4B of Chapter 258E, which correspond to §§ 3B and 3C of Chapter 209A.

Duration, Extension, Modification, and Termination

An initial restraining order after notice may remain in effect for a fixed period of up to one year. At a later expiration hearing, the judge may extend the order for whatever additional time the judge finds reasonably necessary to protect the plaintiff, or may enter a permanent order. The judge may extend the order even if 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 who asks to modify or terminate the order must ordinarily prove, by clear and convincing evidence, that circumstances have changed significantly and that the disputed condition is no longer necessary to protect the plaintiff from abuse. The passage of time and the defendant’s compliance with the order may be relevant, but neither is sufficient by itself.

A plaintiff may also ask the court to reduce or terminate the order, but the written order remains enforceable until the judge allows that request. For the complete standards and procedures, see Terminating or Modifying a Massachusetts 209A Restraining Order.

The Statewide Record and Expungement

Courts record 209A restraining order proceedings in the statewide domestic violence record keeping system. The record is not a criminal conviction and is separate from a public CORI, but judges and authorized agencies may use the system for purposes defined by law. The entry ordinarily remains in the system even after a judge ends or vacates the order.

A judge may expunge a 209A restraining order entry from the statewide system only in rare circumstances. Under the Massachusetts appellate decisions, the defendant must prove by clear and convincing evidence that the plaintiff obtained the order through fraud on the court. Commissioner of Probation v. Adams, 65 Mass. App. Ct. 725 (2006). See also Piper P. v. Barron B., SJC-13854 (applying the same rule to 258E harassment prevention orders).

An unsuccessful complaint, a later termination, or a finding that the plaintiff did not prove abuse does not establish fraud by itself. For the distinction between termination and expungement, see Expunging a 209A or 258E Registry Record.

Criminal Violations and Contact Initiated by the Plaintiff

To convict a defendant under G.L. c. 209A, § 7, the Commonwealth must prove that a valid order was in effect, that the defendant knew about the order, and that the defendant violated an enforceable term. A defendant convicted under § 7 faces a fine of up to $5,000, imprisonment for up to two and one-half years in a house of correction, or both. Separate criminal penalties apply to a violation of a firearms surrender order under §§ 3B and 3C.

The plaintiff cannot give the defendant legal permission to ignore a no-contact condition in a restraining order. Likewise, a call, message, or visit that the plaintiff initiates does not modify the order. The defendant should preserve the communication for counsel rather than respond to it. Accidental or inadvertent contact presents a different legal question, although the defendant must still end an unexpected encounter promptly.

For more detail about notice, accidental contact, proof of the prohibited conduct, hearsay, and other defenses, see Defending a 209A Violation Charge.

A 209A Restraining Order and a Related Criminal Case

A 209A restraining order proceeding and a criminal prosecution are separate cases. The two cases may arise from the same allegation, but a judge decides each one separately. A judge who terminates a 209A restraining order does not dismiss the criminal charge. Likewise, the civil order does not end automatically when the criminal charge is dismissed.

The prosecutor, not the complaining witness, decides whether the criminal prosecution continues. A witness who recants or asks that the charges be dismissed has no authority to end the case. For a detailed discussion of how prosecutors may proceed without the witness’s cooperation, see Recantation in a Massachusetts Domestic Violence Case.

A defendant should not ask a witness to change testimony, avoid court, or withdraw cooperation, because that request, depending on the conduct and the intent behind it, may result in a separate witness intimidation charge. The defendant should also obtain legal advice before making or using any recording, because secretly recording a conversation is a crime under the Massachusetts wiretap statute.

Divorce, Custody, Employment, School, and Immigration

A 209A restraining order proceeding may affect a divorce or custody case, particularly when the order includes temporary custody, support, residence, or contact provisions. The Probate and Family Court retains authority over the longer-term family case. Counsel should therefore review both dockets before taking a position in one case that may affect the other.

A 209A restraining order may also have professional, academic, firearms, or immigration consequences. The consequences depend on the terms of the order, on the person’s occupation, school enrollment, or immigration status, and on whether the person is also charged with or convicted of a crime. Licensed professionals, students, and noncitizens should therefore obtain advice directed to their specific circumstances rather than assume that every 209A restraining order has the same consequences.

Representation for Defendants and Plaintiffs

The hearing after notice may occur within ten court business days, so the defendant must begin preparing at once. Counsel must identify the statutory defense, preserve the complete record, and decide whether testimony is necessary. Counsel must also coordinate the restraining order proceeding with any pending criminal case before the defendant makes any statement.

For a plaintiff, counsel prepares the complaint and affidavit, organizes the supporting evidence, presents the request at the hearing, and responds to any later motion to modify or terminate the order. Anyone in immediate danger should call 911 before contacting an attorney.

Attorney Joe Serpa represents clients in the Boston Municipal Court, Cambridge District Court, Quincy District Court, Dedham District Court, and courts throughout Massachusetts. His representative case outcomes appear on the firm’s criminal defense results page.

Related Serpa Law Office Resources

• How to Get a 209A Restraining Order in Massachusetts
• Massachusetts Restraining Orders and Harassment Prevention Orders
• Massachusetts 258E Harassment Prevention Orders
• Boston Domestic Violence Defense Lawyer
• Massachusetts 209A Restraining Order and 258E Harassment Prevention Order Violation FAQs
• Massachusetts 209A Restraining Order and 258E Harassment Prevention Order Expungement FAQs
• Trespass Charges in Massachusetts Under G.L. c. 266, § 120

Contact Serpa Law Office at 617.936.0201 for a free consultation. The firm represents defendants and plaintiffs in Chapter 209A proceedings from its Boston and Quincy offices.