How Restraining Orders Affect Assault and Battery Cases in MA
In Massachusetts, restraining orders can play a major role in assault and battery cases, especially when the allegations involve spouses, dating partners, family members, people who live together, or people who share a child. A restraining order can affect where you live, who you can contact, whether you can see your children, whether you must surrender firearms, and how your criminal case is handled.
If you are facing both an assault and battery charge and a restraining order, it is important to understand that these are related but separate legal matters. The criminal case is prosecuted by the Commonwealth. The restraining order is a civil protection order, although violating it can lead to a separate criminal charge.
At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing assault and battery charges, domestic assault allegations, 209A restraining orders, and restraining order violations throughout Boston and Massachusetts.
What Is a 209A Restraining Order?
A 209A restraining order, also called an abuse prevention order, is issued under Massachusetts General Laws Chapter 209A. These orders are often requested when someone alleges abuse, threats, harassment, fear of serious harm, or other conduct covered by the statute.
Under Massachusetts law, abuse may include attempting to cause or causing physical harm, placing another person in fear of imminent serious physical harm, causing involuntary sexual relations by force, threat, or duress, or coercive control.
A 209A order may require the defendant to:
- Have no contact with the plaintiff;
- Stay away from the plaintiff’s home, workplace, school, or other locations;
- Leave a shared residence;
- Not contact the plaintiff through friends, relatives, children, or other third parties;
- Surrender firearms, ammunition, and firearm licenses;
- Follow temporary custody or parenting restrictions; and
- Comply with any other conditions ordered by the court.
Even if you believe the order is unfair, exaggerated, or based on false allegations, you must follow it unless and until the court changes or terminates it.
How Restraining Orders Connect to Assault and Battery Charges
Restraining orders often appear in assault and battery cases because the same allegations may support both the civil restraining order request and the criminal charge. For example, if someone alleges that a spouse, partner, or family member pushed, struck, threatened, or injured them, the police may file a criminal complaint while the alleged victim also seeks a 209A order.
Standard assault and battery may be charged under Massachusetts General Laws Chapter 265, Section 13A. If the alleged victim is a family or household member, prosecutors may charge assault or assault and battery on a family or household member under Massachusetts General Laws Chapter 265, Section 13M.
Although the restraining order and the criminal case may involve the same facts, they are handled differently. The restraining order case focuses on whether civil protection should remain in place. The criminal case focuses on whether the Commonwealth can prove the assault-related charge beyond a reasonable doubt.
How a Restraining Order Can Affect Your Criminal Defense
A restraining order can complicate an assault and battery defense in several important ways. It may restrict communication, affect evidence gathering, influence bail conditions, and create the risk of additional charges if the order is violated.
It Can Create Strict No-Contact Rules
Many restraining orders prohibit all direct and indirect contact. That means you cannot call, text, email, message, visit, or send another person to communicate with the plaintiff. This can be frustrating when you believe the allegations are false or when you want to resolve practical issues involving housing, children, property, or finances.
However, contacting the plaintiff can create a new criminal charge, even if the plaintiff contacts you first. If communication is necessary, your attorney can help determine whether it must go through the court, lawyers, or another lawful process.
It Can Affect Bail and Release Conditions
If you are arraigned on an assault and battery charge, the court may impose no-contact or stay-away conditions as part of your release. These conditions may overlap with the restraining order, but they are not always identical. You must comply with both.
A violation of bail conditions can result in serious consequences, including detention or stricter conditions. A violation of a 209A order can also result in a separate criminal charge under Massachusetts General Laws Chapter 209A, Section 7.
It Can Limit Your Ability to Gather Evidence Directly
If a restraining order is in place, you should not contact the plaintiff to ask for messages, explanations, documents, or witness names. You should also avoid asking friends or family to contact the plaintiff on your behalf. Indirect contact may still violate the order.
Instead, evidence should be gathered through lawful means. Your attorney may collect text messages, emails, photos, videos, witness statements, call logs, 911 recordings, police reports, medical records, and body camera footage without putting you at risk of a restraining order violation.
It Can Influence How the Allegations Are Viewed
The existence of a restraining order does not prove that you committed assault and battery. However, prosecutors may view the order as part of the broader context of the case. The defense must be prepared to address the facts carefully and avoid allowing civil allegations to substitute for criminal proof.
The Commonwealth still has the burden of proving the criminal charge beyond a reasonable doubt. A restraining order alone does not eliminate that burden.
What Happens If You Violate a Restraining Order During an Assault Case?
Violating a restraining order while an assault and battery case is pending can make the situation much worse. A violation may result in immediate arrest, a new criminal charge, stricter bail conditions, loss of release, or a more difficult negotiation with the prosecutor.
Common violations may include:
- Texting, calling, or emailing the plaintiff;
- Responding when the plaintiff contacts you;
- Sending messages through friends, relatives, or children;
- Showing up at a restricted home, workplace, or school;
- Posting messages directed at the plaintiff on social media;
- Driving by or waiting near a restricted location; or
- Failing to surrender firearms if ordered.
For more information, read: What Happens If You Violate a Restraining Order in Massachusetts?
Can You Challenge or Modify a Restraining Order?
In some cases, yes. A defendant may be able to oppose an extension of the restraining order, request modification of certain terms, or ask the court to clarify confusing conditions. Whether that is appropriate depends on the facts, the evidence, the timing, and the relationship between the restraining order and the criminal case.
A request to modify or terminate a restraining order should be handled carefully. Statements made during a restraining order hearing could potentially affect the criminal case. Before testifying or presenting evidence, you should speak with an attorney about the risks and strategy.
Defending Assault and Battery Charges When a Restraining Order Is Involved
Defending an assault and battery case involving a restraining order requires careful planning. The defense must account for both the criminal charge and the civil order while avoiding actions that could create new violations.
A defense strategy may include:
- Reviewing the exact terms of the restraining order;
- Analyzing the police report and witness statements;
- Examining 911 recordings and body camera footage;
- Identifying inconsistencies in the plaintiff’s account;
- Preserving text messages, emails, photos, and call logs;
- Determining whether self-defense or defense of another applies;
- Challenging whether the Commonwealth can prove assault or battery;
- Addressing bail conditions and no-contact orders;
- Seeking modification or clarification of the restraining order where appropriate;
- Negotiating for dismissal, reduction, or alternative resolution; and
- Preparing for trial if the evidence does not support the charge.
For related information, see our page on assault and battery defense.
Practical Steps to Take If You Have Both a Restraining Order and an Assault Case
If you are facing both a restraining order and assault and battery charges, you should act carefully. Small mistakes can create major consequences.
- Read the order carefully: Know exactly what is prohibited.
- Do not contact the plaintiff: Do not respond even if the plaintiff reaches out first.
- Do not use third parties: Avoid asking friends, relatives, or children to pass messages.
- Stay away from restricted locations: This may include a home, workplace, school, or other listed address.
- Preserve evidence: Save texts, emails, voicemails, call logs, photos, videos, and documents.
- Avoid social media posts: Posts may be misinterpreted or used as evidence.
- Speak with an attorney before court hearings: Statements made in one proceeding may affect the other.
- Follow all court orders: Even if you believe they are unfair, violating them can create new charges.
How The Law Offices of Elliot Savitz & Scott Bradley Can Help
At The Law Offices of Elliot Savitz & Scott Bradley, we understand how stressful it can be to face an assault and battery charge while also dealing with a restraining order. These cases can affect your home, children, job, reputation, and freedom.
We can review the restraining order, explain your obligations, defend the criminal charge, challenge weak or exaggerated allegations, and help you avoid mistakes that could make the case worse. Whether the goal is dismissal, reduction, modification of the order, or trial preparation, we will work to protect your rights and your future.
If you are dealing with an assault and battery case and a restraining order in Massachusetts, contact us today. Let us help you navigate the legal system and protect your future.
