Massachusetts 209A Restraining Order Lawyer
If you have been served with a Massachusetts 209A restraining order, you need an experienced restraining order lawyer right away. A 209A order can force you out of your own home, cut off access to your children, require you to surrender your firearms, and put your reputation at risk, sometimes within a day.
A 209A restraining order is a civil case, but violating it is a criminal offense that can put you in jail. It often overlaps with a pending domestic violence charge, and the two cases have to be handled together. These hearings move fast, usually within 10 days, and what happens can affect you for years.
Attorney Patrick Donovan is a former Massachusetts prosecutor who now defends people in restraining order proceedings across the District, Probate, and Superior Courts. He knows how judges weigh the standard of reasonable fear of imminent serious physical harm, and how weak affidavits, exaggerations, and custody disputes drive these cases.
At the two-party hearing you have the right to:
- Cross-examine the person who requested the order
- Present your own witnesses
- Introduce evidence
- Challenge whether the legal standard is met
- Argue against extending or making the order permanent
Many orders are issued temporarily without you present. The two-party hearing is where you tell your side and try to keep the order from being extended. You do not have to let the allegations stand unchallenged.
If your hearing is within the next 10 days, preparation cannot wait. Call (617) 479-1800 for a confidential consultation.
What Is a 209A Restraining Order in Massachusetts?
A restraining order under Massachusetts General Laws Chapter 209A is a civil court order meant to protect someone who claims abuse by a family or household member. Even though it is civil, violating a 209A restraining order carries criminal penalties, including arrest and possible jail time.
Who Can Get a 209A Order?
Anyone in a qualifying relationship can apply: a current or former spouse, a household member, a dating partner, or certain family members.
Can a 209A Restraining Order Be Dismissed?
Yes. At the two-party hearing, usually within 10 days, you can cross-examine the person who requested the order, present evidence, and argue that the legal standard has not been met. The court has to find a reasonable fear of imminent serious physical harm, and if that is not proven, the order should not issue.
How to Get a Restraining Order in Massachusetts
The process starts with an ex parte hearing, where one side can obtain a temporary 209A order. The person seeking it (the plaintiff) fills out an affidavit explaining why they believe they need the order, and if the judge finds a reasonable fear of harm, the temporary order issues.
Two Party Hearing
The two-party hearing is the second step, held about ten days after the ex parte hearing. The plaintiff goes first and explains why the order is needed, and their attorney, if they have one, may question them. You then have the right to cross-examine. The plaintiff may call witnesses, and you can cross-examine them too. After the plaintiff finishes, you may testify if you choose, which is entirely your decision, and you may call your own witnesses.
The hearing ends with closing arguments from both sides. The judge then decides, using the preponderance of the evidence standard, whether the plaintiff has shown a reasonable fear of physical harm. If that standard is met the order issues, and if it is not, the order should not. The judge may issue the order for up to one year.
Extension Hearing
After a year, there is an extension hearing. Both sides argue again, and the plaintiff must show a continued need for protection. The judge decides whether a reasonable person would still fear the defendant, and if the order is extended, it can run for a set period or be made permanent.
Restraining Order Consequences
A 209A order comes in two forms: a no-contact order, also called a stay-away, or a no-abuse order. A no-contact order requires you to stay away from the plaintiff, keep a set distance, and stop all contact by phone, email, or text, and it can even require you to leave your own home, including when you are the one paying the mortgage or rent.
A no-abuse order does not include a stay-away provision, so the parties can be near each other, but it forbids any abuse of the plaintiff, and any abuse becomes a criminal charge.
Every 209A order in Massachusetts requires gun owners to surrender their firearms while the order is active, either to the police or to a licensed owner. Anyone who violates the order can be arrested immediately and faces up to two and a half years in the House of Correction.
Can a 209A Restraining Order Affect My Criminal Case?
Yes. These hearings often grow out of allegations of assault and battery on a family member, and statements you make at a restraining order hearing can be used in a related domestic violence prosecution. Testimony is under oath, and any inconsistency can hurt your credibility later. That is why the restraining order defense and any pending criminal case have to be coordinated.
Restraining Order MA Penalties
The penalties for violating a 209A order are serious. A conviction can carry up to two and a half years in the House of Correction, along with probation, a required program for people involved in domestic violence, fines, and fees.
Living with a Restraining Order
Once an order issues, follow it exactly. If it bars communication, make no contact at all, direct or indirect. Violations can also affect divorce and child custody proceedings, so strict compliance protects more than just your criminal record.
Frequently Asked Questions About 209A Restraining Orders
How long does a 209A restraining order last in Massachusetts?
A temporary 209A restraining order typically lasts up to 10 days until a two-party hearing is held. If extended after that hearing, the judge may issue the order for up to one year, and in some cases, it may be extended permanently.
Can I own a gun while under a restraining order?
No. Under Massachusetts law, anyone subject to a 209A restraining order must surrender all firearms, ammunition, and their License to Carry (LTC) while the order is active. A conviction for violating the order may result in longer-term firearm prohibitions under both state and federal law.
What happens if I violate a 209A order?
Violating a 209A restraining order is a criminal offense. A first violation can result in arrest and up to 2½ years in the House of Correction, along with probation and mandatory programs. Even accidental contact can lead to criminal charges.
Can a restraining order be removed early?
Yes, but it is not automatic. The defendant may request a modification or termination hearing. The judge will evaluate whether the plaintiff still has a reasonable fear of imminent serious physical harm before deciding whether to remove or modify the order.
Does a 209A order appear on a criminal record?
A 209A restraining order itself is a civil matter and does not create a criminal conviction. However, violations of the order are criminal charges that will appear on a criminal record if prosecuted.
Related 209A Restraining Order Articles
You can find additional answers in our detailed restraining orders FAQ guide.
Massachusetts 209A Restraining Order Lawyer
If you are facing a Massachusetts 209A restraining order, preparing before the two-party hearing can be the difference between a dismissal and a year-long order. Attorney Patrick Donovan defends people in restraining order hearings across Massachusetts. Call (617) 479-1800 to talk through your hearing.
