of Mind When You
Need It Most.
You can absolutely go to jail for violating a restraining order in Massachusetts. The courts take it very seriously once a restraining order is issued in a 209A hearing. That’s why it’s extremely important to take those hearings very seriously and hire counsel, because once a restraining order is allowed, and the complainant thereafter calls the police and says, this person is outside or talking to me or whatever, in violation of the restraining order, very likely the police are going to come and very likely going to lock you up.
Once a restraining order is allowed by the court after a 209A hearing, it’s really quite difficult to get it dissolved. The only way is if you have the complainant come in, and say that she or he no longer wants it. Even then the court has the discretion not to dissolve it, but that’s the only way.
In Massachusetts, restraining orders are allowed after what’s called a 209A hearing. The 209A hearing is really two tiered. First the complainant comes, by themselves, asks the judge for a temporary restraining order, keeping the other party away because they’re in fear. That’s allowed for usually about a week. Then the defense comes in, and there’s the second tier. If the defendant loses then, than the restraining order that allowed, lasts for about a year.