Conditions of a 209A Restraining Order
209A Restraining Orders
Once a restraining order is issued under G.L. c. 209A, it is absolutely imperative that you abide by the conditions imposed by the judge, as although the restraining order itself is civil, violation of that order is a criminal offense.
What Does an Abuse Prevention Order do?
A 209A abuse prevention is an order of the court, which can only be amended by the court. This means that, even if the person who requested the order requests or allows conduct forbidden by the order, you will still be in violation of the abuse prevention order unless a judge has changed it. These are common conditions imposed in a 209A order, but please take note of your specific conditions, as they may vary and control your situation.
No Abuse Order
If the court imposes a "no abuse" order, you are prohibited from:
- Physically assaulting or threatening the plaintiff;
- Doing anything to the plaintiff causing fear that you might cause them physical harm;
- Using force or a threat of any kind to force the plaintiff to have sex.
No Contact Order
If the court imposes a "no contact" or "stay away" order, you are prohibited from:
- Living with the plaintiff;
- Being physically within a specific distance from the plaintiff, which distance is listed on the order;
- Contacting the plaintiff in any way (phone calls, text messages, emails, gifts, indirect contact through another, social media, unless specifically allowed in the order;
- Remaining in any location even if you are already at a place and the plaintiff comes to that same location;
- If ordered, stay away from the plaintiff's place of work, even if the plaintiff is not there.
Vacate Order
If the court orders you to vacate the residence, you must:
- Immediately leave the residence (or apartment) immediately and stay away even if the plaintiff isn’t there at the time;
- Refrain from damaging the residence in any way;
- Refrain from shutting off any utilities or interrupting mail delivery to the plaintiff.
This applies even if the lease is in your name or if you won the home.
The order may permit you to, in the company of the local police, pick up your personal belongings at a time agreed to by the plaintiff. If so, you must coordinate that through the police department.
Child Custody Orders
If the plaintiff has been given custody of children, this means that they will live with the plaintiff unless or until a judge changes that order. The court can also order that you stay away from the children and/or their school or daycare. If you’re permitted to contact the the children but not the plaintiff, be careful to speak only to the children at the designated times using the designated methods.
Surrender Firearms Order
If you’re ordered to give up firearms, this means that must immediately surrender to the police any firearms and ammunition. You can’t purchase any firearms or ammunition while the order is in effect.
Free Consultation on any Massachusetts 209A Hearing
If you would like to speak about your case and get an expert opinion, please call or text us at any time at 617-723-4163, email at inquiry@equitas.law or use our contact form, above. We will listen to the facts of your case, address your concerns and let you know what your options are.
The initial consultation is free and there is no pressure to hire. If you choose to hire us, we will give you a reasonable fee agreement, including possible payment options.
209A Restraining Order FAQ
No. 209A hearings are open to the public and the application, including the allegations, are public records. A judge can impound certain information about the Plaintiff upon request, such as address and phone numbers.
However, if either the plaintiff or defendant are minors, the records must be withheld from public inspection except by order of the court.
Yes. If the Plaintiff or Defendant is a minor, a parent or guardian should file the petition on behalf of the minor (or appear with the minor), although the court can issue the order without a parent if necessary through appointment of counsel or a guardian ad litem.
In the Probate and Family Court Department, the Massachusetts Rules of Domestic Relations Procedure apply to c. 209A actions. In the District Court and Superior Court departments, the Massachusetts Rules of Civil Procedure may be applied in the court’s discretion and only after a hearing and only upon a showing that such discovery is necessary to provide specific information essential to the adjudication of the case.
At the beginning of the hearing, the judge will ask the plaintiff whether there are any outstanding court orders involving the same parties in the same or a different court. Except in limited circumstances, the court should not order any relief that is inconsistent with any existing order in any other court. The court may, however, issue temporary orders where there is an allegation or threat of serious harm to the children who are the subject of an existing custody or visitation order and the plaintiff is unable to reach the Probate and Family Court.
The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.
A vast majority of our restraining order cases are handled on a flat fee basis and all we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.
Where you can find us
1583 Beacon Street • Brookline • MA 02446
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