Massachusetts 209A Restraining Order Attorney

A 209A restraining order is often referred to as a "protective order." You may also hear them called "Abuse Prevention orders," or "209A's."  That is because the Massachusetts statute that created this protection is Massachusetts General Laws Chapter 209A, or "M.G.L. ch. 209A." Many people prefer to use the broader term "protective order" rather than "restraining order," because the order does more than just "restrain" the abuser; it protects the alleged victim.

Under General Laws Chapter 209A, a "family or household member" or one who is in a "substantial dating relationship" who claims to have suffered abuse can apply to the court for a restraining order to protect him or her against the actions of an alleged abuser.  If the alleged victim does not fall within the two definitions above, the victim must apply for a Harassment & Stalking Order or a restraining order in the Superior Court.

Clients Ask, "Where Can I Get a 209A Order?"

A 209A Order can be obtained in any District Court, Superior Court, or Probate and Family Court in Massachusetts.  Emergency orders can even be obtained through any police department after court hours, on weekends and holidays.  The concept is that "our courts never sleep!"

Ex-Parte Hearings for Temporary Restraining Orders

Most plaintiffs who need protection from the court will appear by themselves to seek a restraining order because they are in "imminent fear of bodily harm or physical injury."  In Massachusetts, due to the need for immediate protection, a judge will enter a ten-day, temporary restraining order (TRO) against a defendant based on a credible affidavit outlining the alleged abuse and fear. 

While the concept of an immediate protective order may appear to be in the best interest of society, a 209A has come under harsh criticism.  Since the court only hears from the plaintiff at the ex parte (without the other side present) hearing, some claim that initial orders are often issued with no evidence or real proof other than one saying that they are afraid of another person, whether that person has done anything or not.   Notwithstanding the lack of notice factor, many claim that "Judges continually issue temporary restraining orders like Halloween candy."

Once the TRO is granted, it may order the defendant to immediately leave and stay away from the alleged victim's house or work, and prevent him or her from abusing or contacting the person who claims to be "in fear of imminent harm or bodily injury." 

Failure to obey the restraining order shall result in a criminal violation.  It should also be noted that restraining orders provide for seizure of weapons in the possession of defendant.  The police officer serving the restraining order is required to seize any firearm or FID Card issued to the person alleged in the 209A Order.

Hearing for Permanent Order

On the temporary order, it will state the date and time both parties must return to court in order to make the order permanent.  If the alleged victim does not return at that time, the TRO will expire.  It will no longer protect the plaintiff or his or her children.  When and if the order is extended, a permanent order may be requested after the order has been in effect for at least one year.

At the "return date," it is the defendant's first opportunity to oppose the plaintiff's allegations of fear.  The defendant is allowed to offer testimony, and to cross-examine the plaintiff.  Both parties may call witnesses to the stand.

Served With a Temporary Restraining Order?
Call Our Attorneys Immediately!

Our Boston, Worcester, Springfield and Massachusetts Restraining Order Attorneys can prepare to help you obtain a restraining order or defend against one, if the allegations are false.  Call the firm at (800) 461-6900.   We will complete all paperwork, and vigorously present your case.  Our attorneys will keep you fully informed about the progress of your case and make sure that everything possible is done to ensure a successful result.

Getting served with a temporary restraining order can send an individual's life into turmoil.  When we get the phone call, questions like where will I sleep, how will I see my kids, can I get my clothes, is this on my criminal record, and will I ever be able to get my life back are the first ones we hear most often from our clients. 

When Restraining Orders
Are Used Against You

As experienced lawyers, our Restraining Order Defense Attorneys understand that restraining orders - especially 209A orders - may be used for unintended reasons.  They can be used to gain leverage in other court proceedings, or for scorned lovers to punish or exert "control" over the other person.

Aggressive Legal Representation -
When You Need It the Most

Our attorneys have years of experience in defending both men and women at 209A Restraining Order Hearings and consider the "return date" our stage and forum to present "the other side" of the story as it relates to why the temporary order should expire and not be extended.

Massachusetts restraining order laws place a high burden of proof on the accused, and because of this, filing false restraining orders becomes a way for divorce attorneys to gain advantage for their clients, getting them immediate child custody, higher support payments, and sometimes even the requirement that the other parent provide supervision during their parenting time.  Many unscrupulous divorce attorneys will advise their female clients to file a restraining order as a way to gain advantage in or win their cases.

Filing frivolous requests for restraining orders and deceptive affidavits have become tactics in contentious divorce cases and custody battles.  Your chances of being served with a restraining order by a constable are dramatically higher than they may have been years ago, whether or not your behavior is deserving of such a charge. 

Restraining Orders are Serious Business.
If You Need Attorneys Who Fight to Win, Call Us

As restraining order defense attorneys, we provide a comprehensive team approach on every 209A case we handle.  We assign up to four or more attorneys to every case, assuring our defense strategy will capture every angle of the case.  We are fearless in the courtroom.  Our attorneys cross-examine victims, challenge the evidence, and are tireless in our pursuit for justice.

If you've been served, learn what you can do about it and how to defend yourself against the disingenuous strategies being made by your spouse, or soon to be former spouse.  Call us at (800) 461-6900, or contact our Restraining Order Attorneys for an immediate case evaluation - at any of our offices - anytime during the day or night.  One thing is for certain - you need the committed, focused, and skilled defense our firm can offer. 

Because restraining orders and complaints of domestic abuse are so closely associated with divorce and custody, you may choose to contact our sister law firm, The Massachusetts Family Law Group for your domestic relations legal needs.