In Massachusetts, what most people call a “restraining order” is formally a 209A abuse prevention order, named for Chapter 209A of the Massachusetts General Laws. It is a civil court order — but one that carries very real criminal consequences if it is violated. Whether you are seeking protection or you have just been served with one, understanding how a 209A restraining order works is the first step to protecting yourself.
What is a 209A abuse prevention order?
A 209A order is a court order designed to protect a person from abuse by a family or household member, or a partner. The person asking for protection is the plaintiff; the person the order is sought against is the defendant. A judge can order the defendant to stay away, stop all contact, leave a shared home, and more.
Who can get one? The relationship requirement
A 209A order is only available against a family or household member, or someone with whom you have or had a significant dating relationship. That generally means people who:
- Are or were married to each other
- Live together now or have in the past
- Are related by blood or marriage
- Have a child together
- Are or were in a substantive dating relationship
If the two people do not have one of these relationships — for example, a neighbor, coworker, or stranger — the right tool is usually a different order: a 258E harassment prevention order, which covers harassment outside of a domestic relationship.
What counts as “abuse”?
Under Chapter 209A, “abuse” has historically meant one of three things:
- Attempting to cause or actually causing physical harm
- Placing another person in fear of imminent serious physical harm
- Causing someone to engage in sexual relations involuntarily through force, threat, or duress
An important 2024 update: Massachusetts expanded the definition of abuse to include coercive control — a pattern of behavior used to intimidate, isolate, or control another person, even without physical violence. This change means more people may now qualify for protection based on non-physical abuse than could before.
How the process works
A 209A case typically moves through two stages.
1. Filing the complaint. The plaintiff files a complaint at the District Court, Boston Municipal Court, or Probate and Family Court. If the courts are closed, an emergency order can still be obtained — police can reach an on-call judge through the statewide Judicial Response System at any hour.
2. The ex parte (first) hearing. The plaintiff appears alone, without the defendant being notified. If the judge finds a “substantial likelihood of immediate danger of abuse,” the court can issue a temporary order on the spot. This first order lasts up to 10 business days. If it is an emergency order issued after court hours, it lasts only until the next business day.
3. Service on the defendant. The defendant is served with the order and notified of the next hearing date.
4. The 10-day hearing. Also called the hearing after notice or two-party hearing, this is the defendant’s opportunity to appear and respond. Both sides can present evidence and witnesses. If the judge finds continued protection is warranted, the order can be extended for up to one year.
5. Extensions. Before an order expires, the plaintiff can return to court to ask that it be extended again. At that hearing, the order can be extended, terminated, or in some cases made permanent.
What an order can require
A 209A order can direct the defendant to:
- Stay a specified distance away from the plaintiff’s home, workplace, or school
- Have no contact at all — including calls, texts, emails, gifts, social media, and messages passed through other people
- Leave and stay away from a shared home
- Surrender any firearms, ammunition, and firearms license or FID card to police
- Pay temporary support and follow temporary custody arrangements
- Refrain from harming or taking a family pet
The court can also grant the plaintiff custody of the children and prohibit the defendant from having any contact with them.
If a 209A order has been filed against you
Being served with a restraining order is stressful, and what you do next matters enormously.
What it means:
- The ex parte order is in effect immediately, even though you were not at the first hearing.
- You must comply fully — even if you believe the order is unfair or based on false claims.
- The order is recorded in a statewide domestic violence registry that law enforcement can access, and it can affect your housing, employment, and custody matters.
- If the order requires it, you must surrender your firearms right away.
What to do:
- Do not contact the plaintiff — not by phone, text, social media, or through a friend or relative, and not even to “talk things out.” A single contact can violate the order, and violating a 209A order is a crime.
- Read the order carefully. Note the stay-away distance and, most importantly, your hearing date.
- Comply with every term, including any firearms surrender.
- Obtain a copy of the affidavit the plaintiff filed with the court. You may have to go to the court in person to obtain it.
- Start gathering evidence for the 10-day hearing — messages, documents, witnesses, and a clear timeline.
- Get an attorney before the 10-day hearing. That hearing is your chance to tell your side and contest the order, and it is far easier to prevent an order from being extended than to undo one later.
Possible defenses at the hearing may include that the relationship does not legally qualify, that the conduct alleged does not meet the legal definition of abuse, that there is no credible evidence, or that the order is being sought primarily for leverage in a divorce or custody dispute. Gather anything that would refute what the plaintiff claims in their affidavit — photos, texts, emails, witnesses, and more.
Why violations are taken so seriously
Although a 209A order is civil, violating it is a criminal offense. Even a minor or seemingly accidental violation can lead to arrest, prosecution, and a criminal record. If you are charged with violating an order, that criminal matter is separate from the civil hearing about the order itself, and you should seek advice promptly.
Frequently asked questions
How long does a 209A order last?
The initial ex parte order lasts up to 10 business days; after the hearing, an order can last up to one year and can be renewed yearly — or can even become permanent.
Will it show up on my criminal record?
A 209A order is a civil order, not a criminal conviction, but it is recorded in a statewide domestic violence registry that law enforcement can see, and it will appear on a CARI (Court Activity Record Information) report.
Can someone get an order the same day?
Often yes. The ex parte process is designed to provide fast, temporary protection when there is immediate danger.
What if the order is based on false claims?
The 10-day hearing is the place to challenge it. Having an attorney present your evidence makes a real difference.
If you are in danger right now
If you are in immediate danger, call 911. You can also go to the court and ask for assistance in seeking a restraining order. For confidential support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233, and Massachusetts residents can also reach the statewide SafeLink hotline for help and local referrals.
Talk to a Massachusetts attorney
Whether you need protection from abuse or you have been served with a 209A order and need to respond before your hearing, the team at Reeves Lavallee, P.C. can help you understand your options and prepare.
Reeves Lavallee, P.C. · 250 Commercial Street, Suite 450, Worcester, MA 01608 · 508-425-6945
This article is provided for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. For guidance about your specific situation, please consult a licensed Massachusetts attorney.
This article was written by a non-attorney member of the Reeves Lavallee, P.C. staff.