Restraining Orders in Massachusetts

Restraining Orders in Massachusetts: What to Do if One Is Filed Against You

Facing a restraining order in Massachusetts can be stressful and confusing, especially if you believe the allegations are false, exaggerated, or based on a misunderstanding. However, once a restraining order is issued, you must take it seriously. Violating the order can lead to arrest, criminal charges, and additional legal problems.

In Massachusetts, restraining orders often refer to 209A Abuse Prevention Orders. Other protective orders may include 258E Harassment Prevention Orders. The type of order, the allegations, and the relationship between the parties all matter.

Mass.gov explains that a 209A order is also called an abuse prevention order, restraining order, or protective order. The plaintiff is the person seeking protection, and the defendant is the person the order is issued against. You can review the official Massachusetts defendant information here: Abuse Prevention Orders for Defendants.

Common Situations That May Lead to a Restraining Order

Restraining orders can arise in many different situations. Some involve serious safety concerns, while others involve disputed facts, relationship conflict, or misunderstandings. Common situations may include:

• Relationship breakdowns: A spouse, former spouse, dating partner, or former dating partner may seek an order after conflict, threats, alleged abuse, or a difficult breakup.
• Domestic disputes: Arguments involving family members, roommates, co-parents, or household members may lead to a request for protection.
• Harassment or stalking allegations: Repeated unwanted contact, threats, following, or online harassment may lead to a harassment prevention order.
• Related criminal allegations: Restraining orders may be connected to allegations of assault and battery, domestic violence, threats, property damage, or violation of a no-contact order.
• Disputed or false allegations: In some cases, the defendant may believe the allegations are inaccurate, exaggerated, or being used unfairly. Even then, the order must be followed unless the court changes or terminates it.

What Are the Consequences of a Restraining Order?

A restraining order can affect many parts of your life, even though it is a civil order. Depending on the terms, it may require you to:

• Have no contact with the plaintiff
• Stay away from the plaintiff’s home, work, school, or other locations
• Leave a shared residence
• Surrender firearms, firearm licenses, or ammunition if ordered
• Follow temporary custody or visitation restrictions in some cases
• Avoid indirect contact through friends, family members, social media, or third parties

The order may also appear in court and law enforcement records. If there are related criminal charges, the restraining order can affect bail conditions, probation issues, and the overall defense strategy.

Can Violating a Restraining Order Lead to Criminal Charges?

Yes. Violating certain terms of an active 209A Abuse Prevention Order can result in warrantless arrest and criminal prosecution. Mass.gov explains that violations of no-contact, stay-away, no-abuse, vacate, or firearm-surrender terms may be prosecuted criminally. You can review the official guidance here: 209A Guideline 8:00: Criminal Prosecution of Violations.

This means you must follow the order exactly as written. Even if the plaintiff contacts you first, invites you over, sends messages, or says they want the order dropped, you can still be charged if you respond or violate the terms.

For more information, read: What Happens If You Violate a Restraining Order in Massachusetts?

What Should You Do if a Restraining Order Is Filed Against You?

Stay Calm and Read the Order Carefully

Do not panic, argue with police, or contact the plaintiff. Read the order carefully so you understand what is prohibited. If you are unsure what a term means, speak with an attorney before taking any action.

Do Not Contact the Plaintiff

If the order says no contact, that includes calls, texts, emails, social media messages, letters, gifts, contact through friends or family, and accidental-looking contact. Do not ask someone else to pass along a message.

Attend the Next Hearing

Temporary orders are often followed by another hearing. Mass.gov explains that if an order is issued, the court will provide the date and time for a follow-up hearing, and the defendant will receive notice of the hearing. You can review the official protection order process here: Protection Order Process.

Missing the hearing can result in the order being extended without your side being heard. If you want to challenge or modify the order, prepare carefully and speak with an attorney before the hearing.

Preserve Evidence

Save text messages, emails, voicemails, social media messages, photographs, videos, location records, witness names, and anything else that may help explain what happened. Do not delete or alter evidence.

Seek Legal Advice Immediately

A restraining order hearing can affect your housing, children, job, firearms rights, criminal defense, and future record. An attorney can help you understand the order, prepare for the hearing, challenge false or incomplete allegations, and avoid accidental violations.

What If the Allegations Are False?

If you believe the allegations are false, you still must obey the order. The correct response is to challenge the order through the court process, not by contacting the plaintiff or trying to resolve it privately.

A defense attorney can help organize evidence, identify witnesses, prepare cross-examination, and present your position to the judge. If there are related criminal allegations, your attorney can also help protect you from making statements that could be used against you later.

Can a Restraining Order Be Removed or Modified?

Yes, but only the court can modify or terminate a restraining order. Either party may ask the court to change or end the order, but the order remains fully enforceable until the judge changes it.

For more information, read: Can a Restraining Order Be Removed in Massachusetts?

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

Restraining order cases can be complicated, especially when they involve domestic violence allegations, child custody issues, firearms restrictions, no-contact orders, or related criminal charges.

At The Law Offices of Elliot Savitz & Scott Bradley, we help clients respond to restraining orders, prepare for hearings, challenge unsupported allegations, address related criminal charges, and avoid mistakes that could lead to additional criminal exposure.

If a restraining order has been filed against you in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.