A restraining order is a court order that protects a person from physical or sexual harm caused by force or threat of harm from a family or household member. Restraining orders are referred to in several different ways within the criminal justice system including an Abuse Prevention Order, A Protective Order or more technically, a 209A Order.
Let’s examine the basics of how an order is obtained, the grounds needed for one, the types or orders and how they work.


How Do You Obtain a Restraining Order?
Before we get into the process of obtaining a restraining or protective order, let’s look at who a protective order can be filed against. A restraining order may be filed against a spouse or former spouse, a present or former household member, partners in a substantial dating relationship, and/or the parent of a minor child.
Obtaining a protective order against any one of these categories of people can be completed in any district, superior or probate and family court in Massachusetts. In an emergency, an order is available through any police department after court hours and on weekends.
The order requires a sworn statement of facts about the incident. Information about the accused abuser is also required including a work address, telephone, birth date and social security number if possible.
What Are the Grounds for a Restraining Order?
In order to gain a restraining order one must prove that there has been a prior incident of violence, such as assault, harassment, stalking, or terroristic threats. It is important to explain recent threats or actions and to demonstrate a history of domestic violence by the abuser. The victim must show a fear of potential harm with specific evidence and actions.


How Does a Restraining Order Work?
A restraining order is a legal document approved by a judge that requires the abuser to stop the abuse, have no contact with the victim, remain away from the household if the couple lives together and are required to surrender all firearms and firearm certificates.
As a part of this order, the court can award temporary custody of minor children to the victim unless a family court case has been settled.
If the abuser violates any of these terms of the order, they will be remanded into custody by the police. It is advised by the court that a victim keep the paperwork of the order with them at all times as well as suggests notifying neighbors, employers and childcare workers of the court order.
What Are the Types of Restraining Orders?
There are several types of restraining orders including a temporary restraining order which can last for up to ten days during which time the defendant can schedule a hearing in court to explain their side of the case.
There are also permanent restraining orders that may be issued after those ten days when the defendant gives his evidence of the case to the judge.
Should you need help navigating the court system in regards to restraining or protective orders, talk to our team at the Law Office of Patrick Conway.