Roommate Restraining Orders in Massachusetts: College Dorms, Student Apartments and Criminal Charges

Conflict or violence between roommates can be terrifying. A first year in a dorm or a new apartment is supposed to be a fresh start, but a roommate who threatens, harasses or hits another student can make the room unlivable and sometimes dangerous. A student in that situation can ask a Massachusetts judge for a restraining order.

A roommate can also accuse a student of abuse or harassment and ask the court for a restraining order against them. The judge can then order the accused student to leave the dorm room or apartment the same day, and the student can lose their housing in the middle of a semester. Either student may also face a criminal charge and a disciplinary case at the university.

The sections below explain which restraining order a roommate can obtain, how the police charge an assault between roommates, and what a student should do when seeking an order and when defending against one.

When a Roommate Can Get a 209A Abuse Prevention Order

A roommate can get a 209A abuse prevention order only if the judge finds that the two roommates were members of the same household. Living at the same address does not by itself make them household members.

In Silva v. Carmel, 468 Mass. 18 (2014), the Supreme Judicial Court held that two adults living in the same group residence were not household members. The court explained that people who live under one roof are household members only when they live like a family, for example by preparing and eating meals together and sharing daily life.

Dorm Roommates

The Appeals Court applied the same test to two college roommates in S.J. v. T.S., 103 Mass. App. Ct. 166 (2023). The university had assigned the two first-year students to the same dorm room, where they had lived together for about two months.

The students had no relationship before the university assigned them to the room. The student who sought the order also offered no evidence that the two students cooked together, ate meals together or spent time together. The Appeals Court therefore held that the two students were not household members. The court set aside the 209A orders against the accused student and ordered the records of those orders destroyed.

Judges now apply four factors from S.J. v. T.S. in every roommate case. The judge asks whether the students chose to live together, how much space they shared, how long they lived together, and whether they cooked, ate or spent time together. The judge then weighs all four factors to decide whether the two students lived together like members of a family.

Off-Campus Apartments and Shared Houses

Students who share an off-campus apartment are more likely to be household members than students in an assigned dorm room. In many apartments, the students chose each other, signed one lease, and have shared a kitchen and meals for a year or more. A judge who hears evidence of a shared lease, a shared kitchen and a year of living together can find that the students were household members.

The four factors also apply to adults who share an apartment or rent a room in a house. In Aguilar v. Hernandez-Mendez, 66 Mass. App. Ct. 367 (2006), for example, the Appeals Court upheld a 209A order against a man who had lived with the plaintiff for about two years.

Roommates Who Are Dating

Roommates who are dating each other, or who once dated each other, can get a 209A order because of the dating relationship, whether or not they were household members. The judge considers how long the relationship lasted, what kind of relationship it was, how often the two saw each other, and how long ago any breakup occurred, under G.L. c. 209A, § 1.

When a Roommate Can Get a 258E Harassment Prevention Order

A 258E harassment prevention order requires no family, household or dating relationship. A dorm roommate who cannot get a 209A order can therefore apply for a 258E order.

However, the student who applies for a 258E order must prove three or more acts of willful and malicious conduct under G.L. c. 258E, § 1, each meant to cause fear, intimidation, abuse or property damage. The student must also prove that the acts in fact caused fear, intimidation, abuse or property damage.

The statute defines malicious conduct as conduct marked by cruelty, hostility or revenge. Moreover, in O’Brien v. Borowski, 461 Mass. 415 (2012), the Supreme Judicial Court held that harassing words count toward the three acts only if the words are true threats of violence, or fighting words likely to provoke an immediate fight.

A single act can support a 258E order when the act is rape, indecent assault and battery, stalking, criminal harassment, or another crime specified in G.L. c. 258E, § 1.

Arguments over rent, noise, guests or cleaning rarely support a 258E order. The student who applies for the order must prove that the roommate acted with cruelty, hostility or revenge and intended to frighten them.

What to Do When a Roommate Is Abusive

A student who has been assaulted or threatened should call 911 or the campus police right away. Campus police officers at many Massachusetts colleges are sworn officers who can arrest a student and apply for a criminal complaint.

The student should also save every text, direct message, voicemail and social media post from the roommate, photograph any injuries, and write down the names of witnesses.

Next, the student can apply for a 209A or 258E order at the District Court or the Boston Municipal Court. The judge can issue a temporary order that day without notifying the roommate if the student shows a substantial likelihood of immediate danger. The police can also contact an on-call judge after court hours for an emergency order.

The judge holds a second hearing within ten court business days and gives the roommate a chance to respond to the accusations. The student who wants the order must return for that hearing, because the judge decides at that hearing whether to extend the order.

The student can ask residence life to move either of them to a new room. The Title IX office, in turn, investigates dating violence, sexual misconduct and stalking.

The pages on how to get a 209A restraining order and how to get a 258E harassment prevention order explain each step of the court application.

What to Do When a Roommate Accuses a Student

The police usually serve a temporary order on the accused student at the dorm, the apartment or wherever the police can find them. A 209A order can require the student to move out immediately. A 258E order to stay away from the roommate’s household can also keep the accused student out of a room the two students share.

The accused student must obey every term of the order from the moment the police hand it to them. A student convicted of violating a 209A order faces up to two and one-half years in the house of correction, a fine of up to $5,000, or both. Violating a 258E order is also a crime.

A no-contact order bars every form of contact. The student may not call, text or message the roommate, comment on the roommate’s social media posts, or send word to the roommate through friends or a resident assistant. Only a judge can change the order, even if the roommate contacts the student first.

The student should ask the campus or local police for an escort to collect clothing, books or a laptop. They should also tell the dean of students about any shared classes, labs or dining halls, so the university can change their classes and housing.

The roommate must prove the facts supporting the order at the hearing by a preponderance of the evidence, meaning that the facts are more likely true than not. A student defending against a 209A order can argue that the two students were never household members under S.J. v. T.S. Similarly, a student defending against a 258E order can argue that the roommate has not proved three malicious acts, or has not proved that the acts caused fear. Housing records, texts and students who live on the same floor are often the evidence that persuades the judge.

Finally, a student who also faces a criminal charge should talk to a lawyer before testifying. The Commonwealth can use anything they say at the restraining order hearing as evidence in the criminal case. The page on testifying at a 209A hearing while a criminal case is pending explains the choice between testifying and remaining silent.

Whether Roommates Count as Domestic Partners in a Criminal Case

A roommate is a family or household member under the domestic assault and battery statute, G.L. c. 265, § 13M, only if the two roommates are or were married, share a child, or are or were in a substantive dating relationship. The police therefore charge an assault on a roommate who is not a dating partner as ordinary assault and battery under G.L. c. 265, § 13A.

However, several arrest and bail statutes use the 209A definition of household member, which includes people living in the same household and is broader than the § 13M definition.

A roommate who qualifies as a household member under S.J. v. T.S. is therefore subject to three rules that govern domestic violence arrests. First, the police can arrest the accused student without a warrant under G.L. c. 276, § 28, even if no officer saw the assault. Second, a person 18 or older arrested for abusing a household member cannot be released on bail for six hours unless a judge orders the release in open court, under G.L. c. 276, § 42A. Third, the judge can order the student to stay away from the roommate as a condition of release.

The University Case

A college runs its own disciplinary case alongside the court case. The university can move a student, issue a no-contact directive, bar a student from a residence hall, and bring a student conduct charge.

The university applies its own rules and its own standard of proof. The university’s decision does not bind the court, and the court’s decision does not bind the university.

Statements a student gives to university officials are not privileged. The Commonwealth can ask a judge to order the university to turn over its records, and the prosecutor can then use the student’s statements in the criminal case. For that reason, a student facing a charge should talk to a lawyer before speaking to the university.

International Students, Firearms and Graduate School

A conviction or a continuance without a finding is the most obvious immigration risk for an international student on an F-1 visa. Even so, an arrest, a restraining order or a police report can lead to questions at a visa renewal, a consular interview or a green card interview.

Federal immigration law can also make a noncitizen deportable when a court finds that the person violated certain terms of a protection order, under 8 U.S.C. § 1227(a)(2)(E)(ii). An F-1 student should therefore have an immigration lawyer review the exact question, their status and the court record before answering any question about the case.

A 209A order can require the defendant to surrender firearms and any license to carry, under G.L. c. 209A, § 3B. A judge issuing a 258E order can order the same surrender of firearms under G.L. c. 258E, §§ 4A to 4C.

Graduate schools, law schools, medical schools and licensing boards often ask about arrests, charges and restraining orders. A student should read each question closely and get a copy of the court record before answering each question.

Frequently Asked Questions About Roommate Restraining Orders

Related Serpa Law Office Resources

• How to get a 209A restraining order in Massachusetts
• How to get a 258E harassment prevention order in Massachusetts
• 209A restraining orders for plaintiffs and defendants
• No contact orders in Massachusetts criminal cases
• Assault and battery in Massachusetts
• Testifying at a 209A hearing while a criminal case is pending
• College and university student criminal defense