How to Get a 209A Restraining Order in Massachusetts: The Plaintiff’s Complaint, the Hearing, and the Extension

A person who has been hit, threatened, forced into sex, or controlled by a spouse, a former partner, a relative, or a household member can ask a Massachusetts judge for a 209A restraining order (abuse prevention order). The judge can hear the request on the same day the person walks into the courthouse.

The judge can order the abuser to stop the abuse, to have no contact with the person who filed the complaint, to leave the home, and to surrender any guns, before the abuser knows that a complaint exists. Chapter 209A of the General Laws calls the person who asks for the order the plaintiff. The statute calls the person restrained by the order the defendant.

This page explains who can get a 209A restraining order and what counts as abuse under chapter 209A. The page explains where and how to file the complaint, what happens at the first hearing, and what happens at the hearing held within ten court business days after that. The page then explains the terms of the order, how the plaintiff extends the order, and what the plaintiff does if the defendant violates the order.

Attorney Joe Serpa represents plaintiffs at restraining order hearings in the Boston Municipal Court and the District Courts of Greater Boston. He also represents defendants at restraining order hearings, so he prepares a plaintiff’s case in anticipation of the defenses that a defendant is likely to raise. The firm’s page on defending against a 209A restraining order describes the case from the defendant’s side.

Who Can Ask for a 209A Restraining Order

A plaintiff can get a 209A restraining order only against a family or household member. G.L. c. 209A, § 1 defines family or household members as people in any of five relationships.

• People who are or were married to each other.
• People who live together or lived together in the same household.
• People related by blood or by marriage.
• The parents of a child in common, whether or not they ever married or lived together.
• People who are or were in a substantive dating or engagement relationship.

A judge can issue the order against an adult or a minor. G.L. c. 209A, § 3. A parent or guardian can file the complaint on behalf of a minor child.

A judge decides whether a dating relationship was substantive by considering four things. The judge considers how long the relationship lasted, what kind of relationship the two people had, how often the two people interacted, and, if the relationship ended, how much time has passed since the relationship ended. G.L. c. 209A, § 1. In E.C.O. v. Compton, 464 Mass. 558 (2013), the Supreme Judicial Court held that a three-month relationship conducted largely by instant message and video call was a substantive dating relationship. The court held that chapter 209A protects people whose relationship developed or continued through technology.

A person harassed by a neighbor, a coworker, an acquaintance, or a stranger asks for a 258E harassment prevention order instead, because chapter 209A applies only to family or household members. Chapter 209A also requires abuse. A family or household member who fears that a person with guns will hurt themselves or someone else can petition for an extreme risk protection order under G.L. c. 140, § 131R, which has its own standard.

What Counts as Abuse Under Chapter 209A

Chapter 209A defines abuse as any one of four acts between family or household members. G.L. c. 209A, § 1.

• 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.
• Coercive control.

A single act of physical harm, a single threat that causes reasonable fear of imminent serious physical harm, or a single forced sexual act is abuse. Coercive control usually requires a pattern of acts.

For an order based on fear, the plaintiff must reasonably fear imminent serious physical harm. The Appeals Court held in Wooldridge v. Hickey, 45 Mass. App. Ct. 637 (1998), that generalized apprehension, nervousness, or feeling hassled by unpleasant but nonphysical conduct is not fear of imminent serious physical harm.

Threatening words and gestures can support an order without any physical contact. In Ginsberg v. Blacker, 67 Mass. App. Ct. 139 (2006), the defendant shouted in the plaintiff’s face with his hands flailing close to her, after months of increasingly erratic behavior. He had never struck her. The Appeals Court upheld the order. The court held that his conduct was menacing by objective standards and that her fear of imminent serious physical harm was reasonable.

The courts interpret the fear definition in light of the criminal law of assault. In Commonwealth v. Gordon, 407 Mass. 340, 349 (1990), the Supreme Judicial Court wrote that the words placing another in fear of imminent serious physical harm closely approximate the common law crime of assault. The judge therefore asks whether the defendant’s words and actions placed the plaintiff in reasonable apprehension that physical force might be used.

A plaintiff who was forced into sex proceeds under the third definition, which is causing another person to engage involuntarily in sexual relations by force, threat, or duress. The Appeals Court interprets the word force in light of the criminal law of rape. In M.G. v. G.A., 94 Mass. App. Ct. 139, 142-143 (2018), the plaintiff told the defendant twice that she wanted to stop. The defendant stayed on top of her and masturbated to ejaculation. The court applied the rape cases to decide whether the defendant used force and held that the evidence proved force.

Force includes constructive force, which is the same constructive force that proves 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). 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. Yahna Y., 97 Mass. App. Ct. at 186-187. The firm’s page on consent in Massachusetts rape and sexual assault cases explains what force, incapacity, and consent mean in those cases.

Coercive control became a form of abuse under chapter 209A on September 18, 2024, the effective date of St. 2024, c. 118, § 4. The statute defines coercive control as a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member. The pattern must cause the family or household member to reasonably fear physical harm or to have a reduced sense of physical safety or autonomy. G.L. c. 209A, § 1. The statute lists nine examples of coercively controlling behavior.

• Isolating the person from friends, relatives, or other sources of support.
• Depriving the person of basic needs.
• Controlling the person’s activities, communications, movements, finances, economic resources, or access to services, including through technological means.
• Compelling the person to engage in or abstain from specific behavior, including criminal activity.
• Threatening to harm a child or a relative.
• Threatening cruelty or abuse to an animal.
• Intentionally damaging the person’s property.
• Threatening to publish sensitive personal information or sexually explicit images of the person.
• Using repeated unwarranted court actions against the person.

A single act can also be coercive control. The statute names three single acts.

• Harming or attempting to harm a child or a relative of the plaintiff.
• Committing or attempting cruelty to an animal connected to the plaintiff.
• Publishing or attempting to publish sexually explicit images of the plaintiff.

A single act counts as coercive control only if the defendant committed the act to threaten, intimidate, harass, isolate, control, coerce, or compel compliance. The act must also cause the plaintiff to reasonably fear physical harm or to have a reduced sense of physical safety or autonomy. G.L. c. 209A, § 1. The court’s affidavit form instructs a plaintiff who alleges a pattern of coercive control to describe at least three separate acts of coercively controlling behavior.

The Court Where the Plaintiff Files the Complaint

The plaintiff files the complaint in the District Court, the Boston Municipal Court, the Probate and Family Court, or the Superior Court for the place where the plaintiff lives. G.L. c. 209A, § 2.

A plaintiff who moved out to escape the abuse can file the complaint either in the court for the old address or in the court for the new address. A plaintiff whose relationship with the defendant is a dating relationship files the complaint in the District Court, the Boston Municipal Court, or the Probate and Family Court. G.L. c. 209A, § 1. The court charges no filing fee. The clerk gives the plaintiff certified copies of every order at no charge. G.L. c. 209A, § 3.

A plaintiff who already has a divorce, custody, paternity, or support case pending in the Probate and Family Court can still file the complaint for a 209A restraining order in the District Court. The complaint form asks the plaintiff to list every open or closed court case between the two people, including divorce, separate support, abuse prevention, and criminal cases. The plaintiff must answer the question about other court cases accurately. G.L. c. 209A, § 3. The section below on custody and support explains how a District Court restraining order and a Probate and Family Court order fit together.

The Complaint, the Affidavit, and the Confidential Information Form

The clerk’s office gives the plaintiff a packet of forms. The packet contains the Complaint for Protection from Abuse, the Affidavit for Protection from Abuse, a Plaintiff Confidential Information Form, and a Defendant Information Form. The plaintiff fills the forms out at the courthouse and files them the same day. In many District Courts and Probate and Family Courts, a SAFEPLAN advocate works in the courthouse and can help the plaintiff. SAFEPLAN is a program funded by the Massachusetts Office for Victim Assistance.

SAFEPLAN advocates help people fill out the forms, plan for their safety, and sit with them during the hearing. SAFEPLAN advocates are advocates rather than lawyers. A plaintiff can have both an advocate and a lawyer in court.

The affidavit is the plaintiff’s sworn written statement, which the judge reads before the first hearing. The court’s own instructions on the affidavit tell the plaintiff to describe in detail the most recent incidents of abuse. The description should state what happened, what each person did, the dates, the locations, any injuries, and any medical care or other help sought by the plaintiff. The instructions then tell the plaintiff to describe the history of abuse, including the most serious incidents. The affidavit becomes part of the court file. The defendant receives a copy with the order. The Commonwealth and the defendant can both use the affidavit in any later criminal case. The affidavit must be accurate, specific, and consistent with what the plaintiff told the police and any doctor.

The Plaintiff Confidential Information Form holds the plaintiff’s home address, home telephone number, and workplace name, address, and telephone number. The clerk keeps the Plaintiff Confidential Information Form out of the public file. G.L. c. 209A, § 8. A plaintiff who does not want the defendant to see a new address tells the clerk and the judge. The court then keeps the address off the papers served on the defendant. The judge can also order other information in the case record impounded. G.L. c. 209A, § 3(g).

The Ex Parte Hearing on the Day of Filing

The judge hears the plaintiff on the day of filing, usually within a few hours, without the defendant present. The court calls a hearing held without the defendant present an ex parte hearing. The plaintiff testifies under oath. The judge asks questions about the affidavit. The judge may issue a temporary order if the plaintiff shows a substantial likelihood of immediate danger of abuse. G.L. c. 209A, § 4.

The plaintiff proves the substantial likelihood of immediate danger of abuse by a preponderance of the evidence, which means that the plaintiff’s account is more likely true than not. Guidelines for Judicial Practice: Abuse Prevention Proceedings, Guideline 3:06 (Trial Court, rev. Oct. 2025).

The judge searches the statewide domestic violence record keeping system kept by the Commissioner of Probation before deciding whether to issue an order. The search shows whether the defendant has a civil or criminal record involving domestic or other violence. G.L. c. 209A, § 7. A defendant’s prior restraining orders and prior arrests appear in the search results even if the plaintiff knows nothing about the defendant’s history.

The temporary order takes effect the moment the judge signs the order. The judge explains the terms of the order to the plaintiff and tells the plaintiff that the police will serve the defendant. The judge gives the plaintiff the date and time of the next hearing and the expiration date of the order, and explains what happens if either party does not come back. The judge tells the plaintiff to keep a copy of the order at all times and to call the police immediately if the defendant violates the order. Guideline 4:06. The order states on its face that a violation is a criminal offense. G.L. c. 209A, § 7.

Service on the Defendant and the Surrender of Firearms

The clerk sends certified copies of the order, the complaint, and a summons to the police department where the defendant can be found. The police serve the defendant. G.L. c. 209A, § 7. The plaintiff does not serve the defendant and pays nothing for service. The order binds the defendant once the defendant knows about the order.

A judge who issues a temporary or emergency order on a showing of a substantial likelihood of immediate danger of abuse must order two things. The judge suspends the defendant’s license to carry firearms and firearm identification card. The judge orders the defendant to surrender immediately every firearm and all ammunition in the defendant’s ownership, control, or possession. G.L. c. 209A, § 3B. The police take the guns, the ammunition, and the license when they serve the order.

A defendant can ask the same court to review the surrender order, which the court must hear within ten court business days. A defendant who files an affidavit that a firearm is required for the defendant’s job can get a hearing on the surrender question within two business days. G.L. c. 209A, § 3B.

A judge who continues the order after the hearing with notice decides whether returning the guns or the license presents a likelihood of abuse to the plaintiff. The suspension and the surrender continue for the life of the order if the judge finds that returning the guns or the license presents a likelihood of abuse to the plaintiff. G.L. c. 209A, § 3C. A plaintiff who knows that the defendant owns guns should state that fact in the affidavit and at the hearing and should tell the judge where the guns are kept.

Emergency Orders When the Court Is Closed

A plaintiff in immediate danger at night, on a weekend, or on a holiday goes to the local police station or calls the police. The police officer takes the plaintiff’s information and calls the on-call judge. The judge can issue an emergency order by telephone if the plaintiff shows a substantial likelihood of immediate danger of abuse. The officer writes the order on the official form and delivers it to the clerk-magistrate on the next court business day. G.L. c. 209A, § 5.

The plaintiff must go to court on the next court business day to file the complaint and to ask a judge for a temporary order that continues the protection. A plaintiff who cannot come to court because of a severe physical hardship can send a representative with an affidavit explaining the hardship. G.L. c. 209A, § 5.

Chapter 209A also assigns duties to a police officer who responds to a report of abuse. G.L. c. 209A, § 6.

• The officer must stay at the scene as long as anyone is in immediate physical danger.
• The officer must help the abused person get medical treatment.
• The officer must help the abused person get to a safe place.
• The officer must give the abused person a written notice of the right to seek a 209A restraining order and the right to seek a criminal complaint.
• The officer must tell the abused person that the abuser will be eligible for bail and may be released promptly.
• The officer must activate the emergency judicial response system when the court is closed.

The abused person can get a copy of the police incident report at no cost.

The Hearing After Notice

The court holds a second hearing no later than ten court business days after the temporary order issues. The defendant may appear at the hearing and be heard. G.L. c. 209A, § 4. The plaintiff must come back to court on the date of the second hearing. The temporary order expires at the end of the hearing day if the plaintiff does not appear. Guideline 5:06.

A plaintiff whose order lapsed can apply for a new order and may rely on the same conduct that supported the first order. The judge will ask why the plaintiff missed the earlier hearing. Guideline 5:06.

The temporary orders continue in effect without further order of the court if the police served the defendant and the defendant does not appear. The judge ordinarily extends the order for up to one year. G.L. c. 209A, §§ 3, 4. The judge holds a contested hearing if the defendant appears.

The plaintiff has the burden of proof and must prove abuse by a preponderance of the evidence. Frizado v. Frizado, 420 Mass. 592, 596-597 (1995). The judge may admit evidence that would be excluded at a trial under the rules of evidence. The judge must be fair in admitting evidence and in weighing that evidence. The judge may consider the affidavit and may consider hearsay, including the out-of-court words of a doctor, a child, or a neighbor. Frizado, 420 Mass. at 597-598. Guideline 3:06.

The defendant has the right to testify, to present evidence, and to cross-examine the plaintiff and the plaintiff’s witnesses. The judge may limit cross-examination for good cause. Frizado, 420 Mass. at 597-598. A defendant who has a criminal case pending may decline to testify.

The judge may draw an inference against the defendant from the defendant’s silence. The inference by itself cannot meet the plaintiff’s burden, so the plaintiff must present evidence of the abuse first. Frizado, 420 Mass. at 596. Attorney Serpa’s article on testifying at a 209A restraining order hearing while a criminal case is pending explains the defendant’s choice.

The plaintiff should expect the defendant or the defendant’s lawyer to argue that the plaintiff was the aggressor, that the plaintiff exaggerated, or that the plaintiff wants the order for leverage in a divorce or custody case. The defendant may also point out that the plaintiff kept contacting the defendant after the incident. The judge decides whether the plaintiff’s account or the defendant’s account is true. The plaintiff can answer the defendant’s arguments with specific dates, consistent accounts, photographs, medical records, police reports, and the defendant’s own messages.

A judge may issue mutual orders, one against each party, only after making specific written findings of fact. The order must be specific enough that a police officer can tell which party violated the order. G.L. c. 209A, § 3. A judge who hears a cross complaint from the defendant applies the same rules to the cross complaint.

Evidence That Supports a Complaint for a 209A Restraining Order

A plaintiff’s own testimony, if the judge believes it, is enough to support a 209A restraining order. Documents and witnesses corroborate the plaintiff’s testimony. A plaintiff should gather the following records and witnesses before the hearing after notice.

• Text messages, emails, voicemails, and social media messages from the defendant, saved as screenshots that show the sender, the date, and the time. The firm’s FAQ on text message and phone evidence explains how courts treat text messages and other electronic messages.
• Photographs of injuries, damaged property, and the scene, with the dates they were taken.
• Medical records and discharge papers from any treatment for injuries.
• Police incident reports and the 911 recording. The plaintiff can request the police report at no cost.
• The names and telephone numbers of any witness who saw or heard the abuse or saw the injuries. A witness can testify in person.
• Any prior court orders, criminal complaints, or police reports involving the defendant.
• A written timeline of the incidents with dates, prepared from the plaintiff’s own records.

Massachusetts is a two-party consent state for audio recordings. A plaintiff who secretly recorded the defendant should speak with a lawyer before offering the recording, because G.L. c. 272, § 99 criminalizes secret audio recording of another person’s oral communications. The firm’s page on secret recordings in Massachusetts domestic violence and 209A restraining order cases explains the rule and its exceptions.

The Terms of a 209A Restraining Order

Section 3 of chapter 209A specifies nine orders in subsections (a) through (i) and allows the judge to enter other orders that protect the plaintiff. The judge can order the defendant to refrain from abusing the plaintiff. The judge can order the defendant to have no contact with the plaintiff, unless the court authorizes the contact. No contact means no contact in person, by telephone, by text, by email, through social media, or through another person. The judge can order the defendant to leave the home immediately and to stay away from the home and from the plaintiff’s workplace. G.L. c. 209A, § 3(a) through (c). A vacate order requires the defendant to surrender the keys and prohibits the defendant from damaging the plaintiff’s belongings, shutting off the utilities, or interfering with the mail. G.L. c. 209A, § 1. The judge can also order the defendant to stay a stated number of yards away from the plaintiff.

The judge can award the plaintiff temporary custody of the parties’ minor children and can order the defendant to have no contact with the children. G.L. c. 209A, § 3(d) and (h). The judge can order the defendant to pay temporary support for the plaintiff and the children when the defendant has a legal duty of support, using the child support guidelines. G.L. c. 209A, § 3(e). The judge can order the defendant to pay the plaintiff for losses caused by the abuse.

The losses caused by the abuse include lost earnings or support, the cost of restoring utilities, out-of-pocket medical costs, the cost of replacing locks or property taken or destroyed by the defendant, moving expenses, and reasonable attorney’s fees. G.L. c. 209A, § 3(f). The judge can give the plaintiff possession of a pet and order the defendant not to abuse, threaten, take, or interfere with the animal. G.L. c. 209A, § 11. The judge can recommend that the defendant attend a certified intimate partner abuse education program. G.L. c. 209A, § 3(i).

Every order is for a fixed period of up to one year. The order states on its face the date and time it expires and the date and time the court will hear the case again. G.L. c. 209A, § 3.

Custody, Support, and the Probate and Family Court

A District Court, Boston Municipal Court, or Superior Court judge can include custody and support terms in a 209A restraining order. The judge can include custody and support terms even when the same two people already have a custody or support order from the Probate and Family Court.

The custody or support term of the restraining order lasts no more than 30 days when a prior or pending Probate and Family Court custody or support order exists. The court sends a copy of the restraining order to the Probate and Family Court at once. A later Probate and Family Court order replaces the custody or support term of the restraining order. G.L. c. 209A, § 3. The Probate and Family Court keeps final authority over custody and support.

The two people may later become parties to a divorce, paternity, custody, support, guardianship, or separate support case in the Probate and Family Court. A custody or support order entered in the Probate and Family Court case supersedes the custody or support terms of the earlier restraining order. G.L. c. 209A, § 3. The protective terms of the 209A restraining order, such as no contact and stay away, remain in force until the order expires or the court that issued the order changes the order.

A plaintiff who files the complaint for a 209A restraining order in the Probate and Family Court gets one additional protection. A Probate and Family Court judge may find by a preponderance of the evidence that a parent committed a pattern of abuse or a serious incident of abuse toward a parent or a child.

After a finding of a pattern of abuse or a serious incident of abuse, sole custody, shared legal custody, and shared physical custody with the abusive parent are presumed not to be in the child’s best interests. The abusive parent must rebut that presumption by a preponderance of the evidence. G.L. c. 209A, § 3(d). G.L. c. 208, § 31A. A judge in any court may not require the parties to mediate any part of the case or to meet together in an information-gathering session. G.L. c. 209A, § 3.

Attorney Serpa handles the 209A restraining order case in the District Court, the Boston Municipal Court, and the Probate and Family Court. He coordinates with the plaintiff’s family law counsel where a divorce or custody case is pending.

The Duration of the Order and the Extension Hearing

An order after notice lasts for the period set by the judge, up to one year. G.L. c. 209A, § 3. The plaintiff who wants the order continued must return to court on the expiration date and time printed on the order.

The judge decides whether to extend the order for any additional time reasonably necessary to protect the plaintiff, or to enter a permanent order, if the plaintiff appears. G.L. c. 209A, § 3. The order stays in effect until the next court business day if the expiration date falls on a weekend, a holiday, or a day the court is closed. The plaintiff appears on the next court business day.

At the extension hearing, the plaintiff must show by a preponderance of the evidence that an extension is necessary to protect the plaintiff from the likelihood of abuse. Iamele v. Asselin, 444 Mass. 734, 739 (2005). For an order based on fear, the plaintiff shows a continuing reasonable fear of imminent serious physical harm. The judge considers the whole situation at the time of the request, in light of the original order. Iamele, 444 Mass. at 740.

• The abuse that supported the original order.
• Any violations of the order.
• Ongoing divorce or custody litigation likely to produce hostility.
• The parties’ demeanor in court.
• How likely the two people are to run into each other at home, at work, or at a place of worship.
• Any significant change in their circumstances.

The defendant may not use the extension hearing to reargue the evidence that supported the original order. Iamele, 444 Mass. at 740. The statute states that the absence of abuse while the order was in effect is not by itself a reason to deny an extension, so the plaintiff does not have to show new abuse.

G.L. c. 209A, § 3. For an order based on physical harm already inflicted by the defendant, the judge decides whether the plaintiff still needs protection from the effects of that violence. The judge may extend the order even when the defendant is in prison and a new attack is not imminent. Callahan v. Callahan, 85 Mass. App. Ct. 369 (2014). The Appeals Court has recognized that some wounds are so traumatic that the passage of time alone does not lessen the victim’s fear of the person who inflicted those wounds. Vittone v. Clairmont, 64 Mass. App. Ct. 479, 489 (2005).

A District Court judge, or a judge of any other court with jurisdiction over the case, can enter a permanent order at an extension hearing. Crenshaw v. Macklin, 430 Mass. 633 (2000). A defendant who later moves to terminate a permanent order must prove two things by clear and convincing evidence. The defendant must prove that circumstances changed significantly since the judge entered the order and that the plaintiff no longer reasonably fears imminent serious physical harm from the defendant.

The passage of time and the defendant’s compliance with the order are not enough on their own. The plaintiff has no burden at the hearing on the motion to terminate. MacDonald v. Caruso, 467 Mass. 382 (2014).

Enforcing the Order

A violation of a refrain-from-abuse order, a no-contact order, a vacate or stay-away order, or a firearms surrender order is a crime. The Commonwealth prosecutes the defendant in the District Court or the Boston Municipal Court. A judge can sentence a convicted defendant to a fine of up to $5,000, to up to two and one-half years in the house of correction, or to both the fine and the jail term. G.L. c. 209A, § 7. A police officer who witnesses a violation or has probable cause to believe that the defendant violated a vacate, restraining, or no-contact order must arrest the defendant. G.L. c. 209A, § 6(7). The plaintiff reports the violation to the police, gives the police the copy of the order, and keeps a record of the date, the time, and what the defendant did. The firm’s page on the criminal charge of violating a 209A restraining order explains what the Commonwealth has to prove in that case.

Only the court can change or end a 209A restraining order. A plaintiff who answers the defendant’s call, meets the defendant, or invites the defendant home does not lift the order. The defendant still commits a crime by having contact that the plaintiff invited or accepted. Guideline 8:03. A plaintiff who wants contact with the defendant files a motion to modify the order, which the judge grants or denies after hearing both sides.

A judge who sentences a defendant for a violation, or who continues a violation case without a finding, must order the defendant to complete a certified intimate partner abuse education program. The judge can decline to order the program only by writing findings that explain the reason. G.L. c. 209A, § 7.

The court enters every 209A restraining order, including a temporary order, in the statewide domestic violence record keeping system. The record of the order remains in the statewide system after the order expires. A judge in any later case on a 209A restraining order or a 258E harassment prevention order, or in any later bail hearing or criminal case, sees the record. The firm’s article on how Massachusetts and federal records treat 209A restraining orders and 258E harassment prevention orders describes those records.

Changing or Ending the Order at the Plaintiff’s Request

The court may modify a 209A restraining order at any time on the motion of either party. G.L. c. 209A, § 3. A plaintiff may want to allow the defendant to see the children, to exchange the children through a third person, to retrieve belongings from the home with a police escort, or to communicate about a shared bill. The plaintiff files a Plaintiff’s Motion to Modify or Terminate Abuse Prevention Order in the court that issued the order. The judge hears both sides and grants or denies the motion.

A plaintiff who wants the order ended files the same motion and asks the judge to terminate the order. The judge asks whether the plaintiff is making the request freely. The defendant can file a Defendant’s Motion to Modify or Terminate Abuse Prevention Order. The court notifies the plaintiff of the hearing on the defendant’s motion even when the plaintiff’s address is confidential. G.L. c. 209A, § 3. The firm’s page on terminating, modifying, and expunging a 209A restraining order explains the standards the judge applies to each request.

The defendant can appeal a 209A restraining order to the Appeals Court. Zullo v. Goguen, 423 Mass. 679, 681 (1996). The order remains in effect during the appeal unless a judge orders otherwise.

The 209A Restraining Order Case and a Criminal Case, a DCF Investigation, or a Divorce

The 209A restraining order case is a civil case between the plaintiff and the defendant. A criminal case for the same conduct is a separate case between the Commonwealth and the defendant. The police apply for the criminal complaint. The clerk-magistrate issues the complaint on a finding of probable cause. The district attorney’s office prosecutes the case. The plaintiff can obtain a restraining order with no criminal case at all and can obtain one while a criminal case is pending.

The plaintiff cannot drop the criminal case, because the district attorney decides whether the Commonwealth prosecutes the defendant. The firm’s page on when the alleged victim will not testify in a domestic violence case explains what happens in the criminal case without the alleged victim’s testimony.

The plaintiff’s affidavit and testimony in the 209A restraining order case are recorded and become evidence the defendant’s lawyer can use to cross-examine the plaintiff at the criminal trial. A plaintiff who is also the complaining witness in a criminal case should prepare the affidavit for the restraining order with the criminal trial in mind.

A judge in the criminal case may set a stay away no contact order as a condition of the defendant’s release. The restraining order and the stay away no contact order are in force at the same time, each with its own terms and its own expiration date. The firm’s page on no contact orders as conditions of release explains the criminal-case order.

The police or a hospital often files a report with the Department of Children and Families when children were present. The Department then opens an investigation under G.L. c. 119, § 51B. A plaintiff parent should expect a DCF visit and should keep the 209A restraining order and the police report ready to show the investigator. The firm’s page on DCF 51A investigations after a domestic violence arrest describes that investigation.

Noncitizen Plaintiffs

A 209A restraining order protects a plaintiff of any immigration status. The court does not ask about the plaintiff’s immigration status. Federal law also allows certain abused noncitizens to seek immigration status on their own. A noncitizen abused by a spouse or parent who is a United States citizen or lawful permanent resident may file a self-petition under the Violence Against Women Act, 8 U.S.C. § 1154(a)(1)(A)(iii). A victim of certain crimes who helps law enforcement may apply for a U visa under 8 U.S.C. § 1101(a)(15)(U).

The restraining order, the affidavit, and the police report are evidence in a self-petition or a U visa application. An immigration lawyer should review the plaintiff’s status, the court record, and the exact application before the plaintiff files anything with the federal government. The questions on the immigration applications and the answers a plaintiff gives at an interview can create obstacles of their own. The firm’s page on domestic violence and immigration consequences describes what a 209A restraining order and a criminal case mean for a noncitizen defendant.

Representation for Plaintiffs

Attorney Joe Serpa prepares the plaintiff’s affidavit so that it states the most recent incident and the history with dates, places, and injuries. He gathers the messages, photographs, medical records, and police reports, and prepares the plaintiff and any witnesses to testify. At the hearing after notice he presents the plaintiff’s evidence, cross-examines the defendant, and answers the defendant’s defenses. He asks the judge for the specific terms that protect the plaintiff, including custody, support, compensation, and firearms surrender.

At the expiration date he presents the evidence that supports an extension or a permanent order. He has practiced Massachusetts criminal defense since 1995. He has tried hearings on 209A restraining orders from both sides in the Boston Municipal Court and in the Quincy, Dedham, Cambridge, and other District Courts of Greater Boston. A plaintiff who needs an order today should go to the courthouse, or to the police after hours. The plaintiff can call the office before or after the temporary order issues to prepare for the hearing after notice.

Frequently Asked Questions About Getting a 209A Restraining Order in Massachusetts

Related Serpa Law Office Resources

• Massachusetts 209A Restraining Orders (Abuse Prevention Orders): Defense and Plaintiff Representation
• Terminating, Modifying, or Expunging a Massachusetts 209A Restraining Order
• Criminal Violation of a 209A Restraining Order
• Massachusetts 209A Restraining Order and 258E Harassment Prevention Order Violation FAQs
• Coercive Control Under Massachusetts Chapter 209A
• The Appeals Court Vacates a 209A Order Based on Coercive Control
• The 209A Extension Hearing
• Testifying at a 209A Restraining Order Hearing While a Criminal Case Is Pending
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