If you are reading this, something has happened. Maybe someone has hurt you, frightened you or won't leave you alone, and you want it to stop. Maybe a police officer has just handed you papers saying you have to stay away from your own home. Either way, you probably have a lot of questions and not much time.

This page will help you understand what kind of order you are dealing with, what happens next, and where to go from here. We represent people on both sides of these cases: people asking a court for protection, and people who have been served with an order. If you need to talk to someone now, call 978-969-2890. The phone is answered at any hour, day or night.

If you are in danger right now, call 911.

Start here: who is the other person?

Massachusetts has two kinds of civil restraining order. Which one applies depends almost entirely on your relationship with the other person.

Is the other person a family member, someone you live or lived with, someone you share a child with, or someone you dated? That is an abuse prevention order, usually called a 209A order after the law that creates it.

Is the other person a neighbor, a coworker, a classmate, an acquaintance, a stranger, or anyone else? That is a harassment prevention order, usually called a 258E order.

Harassment prevention orders, for either side

Not sure which one fits? That is common, and it is one of the first things we sort out when you call.

The two orders side by side

	Abuse prevention order (209A)	Harassment prevention order (258E)
Who it's between	People who are or were married, who live or lived together, who are related by blood or marriage, who have a child together, or who are or were in a substantive dating or engagement relationship	Anyone. There is no family or dating relationship requirement
What has to be shown	Abuse: physical harm or an attempt to cause it; being put in fear of imminent serious physical harm; being forced into sexual relations; or coercive control	Harassment: three or more deliberate, malicious acts aimed at you, meant to cause fear, intimidation, abuse or property damage, that actually did. Or, in some cases, a single act, such as forced sexual relations or certain crimes listed in the law, including stalking and criminal harassment
Where it's filed	District Court, Probate and Family Court, Boston Municipal Court or Superior Court (dating-relationship cases can't go to Superior Court)	District Court, Boston Municipal Court or Superior Court. If the other person is under 18, Juvenile Court
What the court can order	No abuse, no contact, leave and stay away from a home or workplace, temporary custody, support, and payment for losses, among others	No abuse or harassment, no contact, stay away from a home or workplace, and payment for losses
Firearms	A judge must order surrender of firearms, ammunition and any gun license when an emergency or temporary order issues and the person asking shows a substantial likelihood of immediate danger	The same rule applies
How long it lasts	Up to one year at a time. It can be extended, or made permanent	Up to one year at a time. It can be extended, or made permanent
Violating it	A crime: up to a $5,000 fine, up to 2½ years in a house of correction, or both	A crime: up to a $5,000 fine, up to 2½ years in a house of correction, or both
Filing fee	None	None

Which side are you on?

If you are asking for protection

You do not have to prove your case to anyone before you walk into a courthouse, and you do not have to have a lawyer to ask for an order. The forms are free. A judge can act the same day.

What a lawyer adds is what happens after that first day. There will be a second hearing, within ten court business days, and the other person has the right to be there. They may have a lawyer. That hearing is where the order is either extended or ended, and it is where the details of what you bring and how you tell it matter most. We help people prepare for it, stand beside them in the courtroom, and deal with the other side so they don't have to.

You deserve to feel safe. Standing up to someone who is making you afraid is hard. You shouldn't have to do it alone.

If you have been served with an order

Being served with a restraining order can feel like the floor has dropped out from under you. You may have been ordered out of your home. You may have been told to hand over your firearms. You may not have been in the courtroom when any of it was decided, because the first order is usually issued without the other person present.

Here is what matters most right now. Follow the order exactly, even if you believe it is unfair, and even if the other person contacts you first. A violation is a separate crime. And look at the date of the next hearing. That hearing is your chance to be heard, and it comes up fast. If you don't go, the order can simply continue.

A restraining order can reach into your job, your children, your housing and your gun license. If there is also a criminal case, what you say at the restraining order hearing can matter there too. This is not something to walk into unprepared.

What an order does, and what it doesn't

A restraining order is a civil court order. It tells one person what they must and must not do: stay away, don't make contact, leave a home, hand in firearms. Breaking it is a crime.

It is not a criminal conviction in itself. It does not decide who is telling the truth about everything that happened. And it is not a guarantee of safety. It is a legal tool, with consequences for breaking it. If you are asking for one, it helps to think about safety beyond the order itself. If you have been served, it helps to understand that the order is temporary until a judge hears from you.

How it usually unfolds

The request. The person seeking protection files a complaint and a sworn statement at the courthouse. When the courts are closed, police can reach a judge by phone for an emergency order, and the person then files at court on the next business day.
The emergency or temporary order. If the judge finds a substantial likelihood of immediate danger, the judge can issue an order right away, without the other person there.
Service. Police deliver the order to the other person. That notice includes the date of the next hearing.
The hearing after notice. Both people can be heard. By law this happens no later than ten court business days after the temporary order.
After the hearing. The judge either ends the order or continues it, for up to a year. Near the end of that year, the person protected can ask for it to be extended again. An extension does not require new abuse or harassment.

Official court forms and resources

The court system publishes the forms and filing instructions. We would rather point you to them than restate them:

Restraining order (abuse prevention) court forms — Massachusetts Trial Court
Abuse prevention orders for plaintiffs — Mass.gov
Abuse prevention orders for defendants — Mass.gov
Harassment prevention orders — Mass.gov
209A restraining orders — Massachusetts Legal Help

Frequently asked questions

What is the difference between a 209A and a 258E order?

It comes down to the relationship. A 209A order is for abuse between family or household members, which in Massachusetts includes spouses, people who live or lived together, relatives, people who share a child, and people in a substantive dating relationship. A 258E order covers harassment by anyone else, such as a neighbor, coworker or stranger. The two also require different things to be shown, so the choice matters.

What is coercive control?

Coercive control counts as abuse for a 209A order. It means a pattern of behavior meant to threaten, intimidate, harass, isolate, control, coerce or compel a family or household member, that causes them to reasonably fear physical harm or to feel less safe or less free. The law lists examples, including cutting someone off from friends and family, controlling their money, movements or communications, threatening to harm a child, relative or pet, and threatening to publish sexually explicit images. Certain single acts, such as harming or trying to harm a child or relative, can also qualify.

Can I get a restraining order against someone I'm not related to or dating?

Yes, through a harassment prevention order under chapter 258E. It does not depend on any family or dating relationship. It usually requires three or more deliberate, malicious acts aimed at you that were meant to cause, and did cause, fear, intimidation, abuse or damage to property. Certain single acts, such as forced sexual relations, stalking or criminal harassment, can also be enough.

Is a stay-away order the same as a restraining order?

No. A restraining order is a civil order that a person asks a court for, under 209A or 258E. A stay-away order comes from a criminal case. A judge can order a defendant to stay away from someone, often the alleged victim or a witness, at arraignment while the case is pending, or at sentencing as a condition of probation. Either kind of order should be followed exactly.

How quickly can a restraining order be issued?

It can happen the same day. If a judge finds a substantial likelihood of immediate danger, the judge can issue a temporary order right away, without the other person present. When the courthouse is closed, police can contact a judge for an emergency order. A second hearing, with both sides able to be heard, must take place within ten court business days.

How long does a restraining order last in Massachusetts?

An order issued after a hearing lasts up to one year at a time. When it is about to expire, the protected person can return to court and ask for it to be extended, and a judge can extend it or make it permanent. The fact that nothing new happened while the order was in place is not, on its own, a reason to let it end. Either side can also ask the court to change the order.

Does it cost anything to file for a restraining order?

No. There is no filing fee for either a 209A or a 258E order. There is also no deadline for filing measured from the last incident. The court forms are available from the Massachusetts Trial Court.

What happens if someone violates a restraining order?

Violating either kind of order is a crime. It carries a fine of up to $5,000, up to two and a half years in a house of correction, or both. For a 209A violation, the court is also generally required to order a certified batterer's intervention program. Anyone under an order should not respond to contact, even if the protected person starts it.

Will I have to give up my guns?

Possibly, and quickly. When a temporary or emergency order issues and the judge finds a substantial likelihood of immediate danger, the law requires the judge to order the person served to surrender all firearms, ammunition and any license to carry or firearms identification card. That applies to both 209A and 258E orders. There is a process to ask the court to review the surrender.

I've been served. What happens if I don't go to the hearing?

If you do not appear, the temporary order can continue without you. The hearing after notice is the first chance you have to be heard, since the first order is usually issued without you there. It is worth preparing for, and worth having a lawyer beside you.

Can your firm help me if I'm the one asking for an order?

Yes. We represent people seeking protection as well as people who have been served. Whichever side you are on, we will listen to what happened, explain what the court can and cannot do, and help you prepare for the hearing.

Where we handle restraining order cases

We represent people on both sides of restraining order cases across Essex County and Eastern Middlesex County, from our office in Beverly. A case is filed in a court that covers the town where the person asking for the order lives. In a 209A case, someone who left home to get away from abuse can also file where they used to live.

For Beverly residents, the District Court that hears restraining order cases is Salem District Court. See our Beverly criminal defense page for the courthouse, parking and what to expect.

Talk to us

Whether you are asking for protection or you have just been served, the next few days matter. Call 978-969-2890. The phone is answered 24 hours a day, 7 days a week.

H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U, Beverly, MA 01915

“I would absolutely recommend Ernie to anyone.”

He was more than just my lawyer. He was my guardian angel during a very scary and desperate time in my life. He walked with me every step of the way and looked out for my best interest at every twist and turn. He stayed available seven days a week and within moments of my reaching out to him. I knew I was in safe hands even though my matter kept me in constant fear. He gave me the courage to keep pushing forward and spent countless hours cheerleading me through an unspeakable experience.
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Diane

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He was extremely knowledgeable and knew his way around the Diversion Program and the Court. He gave us all the information and potential results upfront. He explained the entire process to us from start to finish and he mapped out a plan of action that resulted in a favorable outcome for my child. I would recommend Attorney Stone 100 percent. Thanks to him my child has no criminal record.

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I knew the moment I spoke to Ernie on the phone he was the real deal. He made us feel at ease during a very stressful time and fought for us. We won our case because of his perseverance and professionalism. He’s just a really good person who’s in your corner fighting for you. Thanks Ernie you’re the best!!!!
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They helped our family navigate a very delicate and complicated legal situation. We couldn't be more pleased with the outcome. And Ernie's down-to-earth demeanor helped us feel like we were being listened to and never being talked down to. I would highly recommend Ernie, as I am certain he would do his absolute best to achieve a best-case-scenario outcome for every single one of his clients.
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I would recommend them to anyone. From the first call I knew this was the right choice. Ernie kept my best interests in mind when representing me with results better than expected! I can’t thank them enough. Special shout-out to Joanne who is truly the nicest person. Their whole vibe was homely like family. Much love and appreciation to this group... even the 4 legged nugget running around their office.
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Before working with Ernie I was very unaware of how my future would be and felt alone in my case; that all changed once I had Ernie Stone as my lawyer. Very professional, very reassuring, very caring and helpful with any questions you may have. I can definitely say that there was always a smile on their faces and made me feel welcomed and well taken care of. I had no doubt in mind that I was in good hands and that I was going to be alright.
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Massachusetts Restraining Orders