Massachusetts Abuse Prevention (209A)
and Anti-harassment Order Lawyer

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Restraining Orders, Abuse Prevention (209A) and Anti-harassment Orders

209A Abuse Prevention and Anti Harassment Orders, sometimes called restraining orders, are part of District Court practice. They are both considered civil in nature, but the violation of an active 209A or anti-harassment order is a serious criminal offense. Because they are civil in nature, they are usually fairly easy for the plaintiff to obtain, simply by filling out a signed affidavit detailing the reason they are seeking the Court's protection, and then appearing in court and informing the judge they are in fear of this person. The standard for obtaining one is that the person more likely than not has a reasonable fear of the defendant.

Ideally in defending against such an order, the best solution is to avoid their issuance at all. If the order is issued, we would ask to make it last as short a period of time as possible before expiring (they can be renewed, however). Limitations as to where the defendant can be and whom they can contact should be as understandable, achievable and reasonable as possible for the defendant. A good approach is “less is more:” the fewer (less) conditions that the court imposes, the more likely the person is to be able to comply with the order. Additionally the person seeking protection (plaintiff) can rely on more reasonable conditions, whereas unreasonably restrictive conditions may be less likely to be complied with.

Our approach to defending against a restraining order, 209A order or anti-harassment order would be, from most important to least:

1. No order is needed. It is only sought to harass the Defendant, i.e. the Plaintiff has no reasonable basis to fear the person they want restrained.
2. If the order does issue, it should be for the briefest period possible and the least restrictive conditions. If there are no further problems, it should not be extended.
3. You, and/or your lawyer, should always go to these hearings, both the first and any renewal. If conditions change and they are renewed, you need to stay informed of what they are. Many judges will make their decisions after only hearing one side of the controversy. They also can make them permanent.

There are a few other things you should know about 209A orders:

• You lose your right to keep and bear arms (firearms) when an order issues against you.
• They are listed on your CARI (Court Activity Record Information).
• They can be used if someone argues against you receiving bail for criminal charges and/or argues for more serious punishment after submitting a plea or being convicted of a crime.
• You can be kept from volunteering or working with children or the elderly, for example as a schoolteacher or a nurse.
• If you are incarcerated, they can keep you from moving to a less restrictive setting, like the Farm, and/or being paroled prior to the completion your sentence.

Do not underestimate the adverse consequences of having one of these orders (209A Restraining Order or Anti-Harassment) issued against you.

For a free initial consultation, email us or call us at 978-825-9988 or 978-369-2795 (after hours).