Can a Restraining Order Be Removed in Massachusetts?

Can a Restraining Order Be Removed in Massachusetts?

Yes. A restraining order can be modified or terminated in Massachusetts, but only by the court. Neither the plaintiff nor the defendant can simply cancel the order on their own. Until a judge changes or ends the order, the defendant must continue to follow every condition.

In Massachusetts, restraining orders commonly include 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. A 209A order is generally used in cases involving abuse by a family or household member, while a 258E order is generally used in harassment, stalking, or sexual assault-related situations.

Massachusetts court guidelines state that either party can move to modify or terminate an existing 209A order, and that the motion must be in writing and state the requested action and reasons for the request. You can review the official Massachusetts guidance here: 209A Guideline 6:04: Modification of Orders; Terminating Orders.

What Is the Difference Between a 209A and 258E Order?

A 209A Abuse Prevention Order may be issued when the plaintiff alleges abuse by a family or household member. Massachusetts law allows 209A orders to include protections such as no abuse, no contact, stay-away provisions, and orders to leave a shared home in certain circumstances. You can review the 209A statute here: Massachusetts General Laws Chapter 209A.

A 258E Harassment Prevention Order may be issued in harassment, stalking, or sexual assault-related situations. You can review the 258E statute here: Massachusetts General Laws Chapter 258E.

How Do You Remove or Terminate a Restraining Order?

To terminate or modify a restraining order, the person requesting the change generally must file a written motion in the court that issued the order. The court will schedule a hearing, and the other party must usually receive notice of the request.

At the hearing, the judge will review the facts, the history of the case, the reasons for the request, and whether the order is still necessary. The judge may terminate the order, modify it, or leave it in place.

For 258E harassment prevention orders, Massachusetts court guidelines also explain that there are forms available for plaintiffs and defendants seeking to modify or terminate an order. You can review the official guidance here: 258E Guideline 6:05: Modification of Orders; Terminating Orders.

Who Can Request Removal of a Restraining Order?

Either party may ask the court to modify or terminate a restraining order. The plaintiff may ask to end the order if they believe protection is no longer needed. The defendant may also request termination or modification if they believe the order is no longer legally or factually justified.

However, the judge makes the final decision. Even if the plaintiff wants the order ended, the court may still review the circumstances before deciding whether to terminate it.

What Factors Does the Court Consider?

When deciding whether to modify or terminate a restraining order, the court may consider:

• Why the order was originally issued
• Whether circumstances have changed
• Whether there have been any alleged violations
• Whether the plaintiff still fears abuse, harassment, or contact
• Whether the defendant has complied with the order
• Whether there are related criminal charges or pending court matters
• Whether modifying or ending the order would create safety concerns

The court’s primary concern is whether the legal basis for the order still exists and whether protection is still necessary.

Can the Defendant Contact the Plaintiff If Both People Want the Order Removed?

No. If a restraining order or harassment prevention order is still active, the defendant must obey it until a judge changes or terminates it. Even if the plaintiff contacts the defendant first, invites contact, or says they want the order removed, the defendant can still face criminal charges for violating the order.

This is especially important because violating a 209A or 258E order can lead to a separate criminal charge. If you are worried about a possible violation, read more here: What Happens If You Violate a Restraining Order in Massachusetts?

What If the Motion to Remove the Restraining Order Is Denied?

If the court denies the motion, the restraining order remains in effect. The person seeking removal may be able to file another motion in the future if new evidence arises or circumstances change.

It is important to continue following the order exactly as written. Do not assume that a denied motion weakens the order or allows informal contact.

How The Law Offices of Elliot Savitz & Scott Bradley Can Help

The process for modifying or terminating a restraining order in Massachusetts can be complicated, especially when there are related criminal charges, domestic violence allegations, child custody concerns, firearms issues, or prior violations.

At The Law Offices of Elliot Savitz & Scott Bradley, we help clients understand their rights and options in restraining order and harassment prevention order cases. We can prepare and file motions, represent you at hearings, and advocate for your position while helping you avoid mistakes that could create new criminal exposure.

If you are seeking to modify or terminate a restraining order in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley today to discuss your options.