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According to MGL chapter 209A, a person may petition for a restraining order to protect him or herself from abuse by a family or household member. The restraining order has the capacity to:

• Prevent the defendant from contacting or interacting with the petitioner
• Grant temporary custody over any minor children to the petitioner
• Evict the defendant from the residence shared with the petitioner
  
• Confiscate firearms from the defendant
• Remain on your permanent record

If you have had a Restraining Order taken out against you call our experienced criminal lawyers for a free consultation. Failure to address a restraining order can often lead to significant legal and professional hardship in the future.

Temporary restraining orders (TRO's) are lawful orders that prohibit the defendant from contacting or interacting with the plaintiff. TRO's are generally valid for up to 10 days after issuance upon which a hearing will be held, and the defendant will be notified to be given the opportunity to testify in court. A TRO serves as the first step towards establishing a permanent restraining order that, when violated, will appear on the defendant's criminal record. Temporary Restraining Order's can be enforced without the consent or knowledge of the defendant and could even lead to his or her arrest when violated.

If a TRO / Temporary restraining order has been taken out against you, our Boston Criminal Lawyers at the Criminal Defense Law Firm of Altman and Altman, LLP will act immediately to prevent the issue from advancing any further and advise you on the best course of action to resolve the problem. Our lawyers are also highly experienced trial attorneys who will represent you in court to have your TRO vacated as soon as possible. Should you have any questions regarding your rights or the overall process, please call our Boston restraining order lawyers for a free consultation. Our team of defense lawyers are available after hours and on weekends if needed.

Massachusetts Domestic Violence Lawyers

Often times a restraining order is taken out after a domestic dispute or altercation. Our Boston Criminal Lawyers at Altman and Altman provide extraordinary legal assistance to persons charged with domestic violence. Charges of domestic violence should never be taken lightly, for they can appear on the defendant's permanent record and, in turn, jeopardize his or her future. In such cases, it is advantageous to consult an attorney as soon as possible, because keeping an accurate record of all relevant details is crucial for a successful case. 

What is a 209A Order and What is Abuse?

A Chapter 209A order is also known as a restraining order or a protective order. It is granted by a civil court and is used to protect a person against physical or sexual abuse or the threat of such abuse from a relative or other person.
Known as a Chapter 209(A), a Restraining Order can be issued by a court with no evidence or real proof.  It is based on little more than one person saying that they are afraid of another person, whether that person has done anything or not.  Temporary or emergency orders can be issued without your even knowing that they are in place. 

There is a great deal of controversy over the unrestricted use of 209(A)s, and with good reason.  Unfortunately, 209(A)s are often used by disgruntled spouses where divorces have turned spiteful or by angry ex-spouses when child support or visitation is at issue.  A 209(A) is used as a tactic to prevent involved parents from being a part of their child’s lives. Vindictive former partners in relationships also abuse the Massachusetts Restraining Orders laws and have a Restraining Order placed on a person as a vindictive act and not because it is justified. Chapter 209A is the Massachusetts Abuse Prevention Act. Abuse is legally defined as physical abuse, an attempt to harm another, causing the fear of serious physical harm in another person, or forcing or threatening to have sexual relations with another person.

On What Basis Are Restraining Orders Issued in Massachusetts?



According to Chapter 209A of the General Laws of Massachusetts, a person who claims they have been abused by a family or household member can simply file a complaint and ask that a judge hand out a restraining order against another person.  Relationships can include current or former spouses, house- or roommates, relatives by blood or marriage, parents of a child, or two people who are now or who have dated seriously or are or were engaged. After reviewing the request, a judge can decide whether or not to issue the restraining order. Once issued, the order bars the person named in the order from abusing, contacting, or remaining in the same house as the person who requested the order.

If you would like to take out a restraining order against an individual or individuals we can help. To petition for a restraining order, you must fill out an application at a local court where you will be required to testify before a judge. If you are seeking a restraining order during non-business hours, however, you may visit the local police station, which may contact a judge to issue you a temporary restraining order that is valid until the first day that the local court is open for business. Our Boston Criminal Lawyers at Altman and Altman LLP can assist you in both the application process and inside the courtroom to successfully attain a restraining order.

Although an attorney is not necessary in petitioning for a restraining order, our experienced trial attorneys at Altman and Altman LLP can maximize your chances of being granted the protection that you need. They will ensure that your views are effectively communicated when testifying in court and that your requests are given full consideration by the presiding judge, both of which will increase your likelihood of successfully obtaining a restraining order.

What Constitutes a Violation of the Order?

Once the order is in place, any contact between the person who requested the order (The Plaintiff) and the person named in the order (the Defendent) is a violation. This includes direct contact such as seeing each other inadvertently, such as if the Defendent walks into a restaurant where the Plaintiff is eating, as well as indirect contact such as the Defendent calling, leaving voice mail sending mail through the U.S. postal service, emailing, texting, instant messaging, or sending flowers (even anonymously) to the Plaintiff. Other breaches of the restraining order can occur if the Defendant disrupts the peace at the Plaintiff’s employment even if the Plaintiff isn’t there, and contacting the Plaintiff through a third person to send any kind of message.

Penalties for Violating Restraining Orders in Massachusetts

As soon as the police are told about that a restraining order may have been broken, the police must arrest the person breaking the order if there is probable cause.  Penalties for violation include jail time for up to 2½ years and fines as much as $5,000. If the violation is determined to have happened because the person who broke the order was reported for failing to pay child support, the penalty is a 60-day jail sentence and fines of $1,000-$10,000.

What is Chapter 258E and How Does it Differ from Chapter 209A?

The Massachusetts State Legislature unanimously passed, and in February 2010, governor Deval Patrick signed Chapter 258E into state law. This new law is said to “close the loophole” of existing restraining orders (Chapter 209A) by offering two other layers to the legislation. For the first layer, in 209A, restraining orders could be filed against relatives or those involved in current or former romantic partnerships. In 258E, orders may be filed against anyone who is considered to be a threat, whether they are known to the Plaintiff or are a stranger. For the second layer, 258E specifies there must be a pattern of harassment, including three or more acts that show “willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property” and that actually causes fear, intimidation, abuse or property damage.  A single episode of sexual abuse, either forced, threatened, or under duress, or stalking, also qualify for a charge under 258E.

If you or a loved one have been charged with a 209A or 258E violation, contact our offices at Altman & Altman, 617.492.3000 or 800.481.6199 toll-free, or contact us online for a free consultation to find out how we can help.