Served with a Restraining Order in Massachusetts? What to Do Right Now

You've just been handed paperwork you didn't expect. Someone has obtained a restraining order against you, and now you're wondering what happens next. Your 10-day hearing is coming fast, and the decisions you make right now will affect your home, your family, and your future. Here's exactly what you need to know—and what you need to do.

Key Information: What You Need to Know

Your Hearing Date: Check your paperwork—your hearing is scheduled within 10 court business days from when the emergency order was issued. This is your chance to tell your side.

What's at Stake: A 209Arestraining order can remove you from your home, restrict contact with your children, require you to surrender all firearms, and create a permanent record that appears on background checks.

Critical Rule: Do NOT contact the person who filed against you for ANY reason—even if they contact you first. Any contact is a potential criminal violation.

Why You Need Help Now: The10-day hearing is often your only real opportunity to fight this order. Preparation takes time. Don't wait until the day before.

What Just Happened: Understanding the Ex Parte Order

If you're reading this, chances are someone went to court and obtained a restraining order against you without you being there. In Massachusetts, this is called an "ex parte" hearing—meaning only one side was heard.

Here's what you need to understand: The judge who issued this order only heard the other person's version of events. They reviewed an affidavit written by the person seeking protection and made a decision based solely on that information. You weren't there to respond, explain, or present your side.

This emergency order is temporary. It can last up to 10 court business days until your hearing. But during that time, it is fully enforceable. Violating any term of this order—even accidentally—can result in criminal charges.

What Does Your Order Actually Say?

Read your paperwork carefully. A209A restraining order can include any combination of these restrictions:

No Contact: You cannot call, text, email, message on social media, or communicate in any way with the person who filed. You also cannot have anyone else contact them on your behalf.

Stay Away: You may be ordered to stay a certain distance from the person's home, workplace, school, or other locations.

Vacate Your Residence: Yes, you can be ordered to leave your own home immediately, even if you own it or your name is on the lease.

Custody Provisions: The order may include temporary custody arrangements that prevent you from seeing your children.

Surrender Firearms: If you own any firearms, rifles, shotguns, or ammunition, you must surrender them to law enforcement immediately. Your license to carry (LTC) or firearms identification card (FID) is automatically suspended.

The Firearms Requirement: What You Must Do Immediately

Under Massachusetts law, when a209A restraining order is issued against you, the court automatically orders you to surrender all firearms, rifles, shotguns, machine guns, and ammunition. This happens by operation of law—the judge doesn't need to make a separate finding about whether you're dangerous.

When law enforcement serves you with the order, they will immediately take possession of any firearms and licenses you have. If you have firearms at home that weren't collected at the time of service, you must surrender them to the police right away.

Failure to surrender firearms isa separate criminal offense, punishable by up to 2.5 years in a house of correction and fines up to $5,000.

If your job requires you to carry a firearm, you may be able to petition the court for an expedited hearing on the firearms surrender issue—but this must be done properly and quickly.

What Happens at the 10-Day Hearing

The 10-day hearing is your opportunity to present your side. Unlike the initial ex parte hearing, you have the right to:

•      Appear in court and tell the judge your version of events

•      Present evidence such as text messages, emails, photos, or other documentation

•      Call witnesses who can support your account

•      Cross-examine the person who filed the order

•      Challenge the evidence and allegations against you

At this hearing, the person who filed (the "plaintiff") must prove that abuse occurred by a "preponderance of the evidence"—meaning more likely than not. If they cannot meet this burden, the judge may decline to extend the order.

The judge will decide whether to:

•      Extend the order for up to one year

•      Modify the terms of the order

•      Terminate the order entirely

If the order is extended, the plaintiff can request renewal hearings each year. Once extended, it becomes much harder to have the order terminated later.

Why Showing Up Without a Lawyer Is Risky

You have the legal right to represent yourself at the 10-day hearing. Many people do. But here's what often happens:

You may not know what questions to ask. Cross-examining a witness is a skill that takes training. Asking the wrong questions can actually hurt your case.

You may accidentally waive important rights. The rules of evidence are complicated, and what seems like a simple statement can have legal consequences you don't anticipate.

You may say things that hurt you. Without preparation, it's easy to say something in the heat of the moment that damages your credibility or your defense.

The other side may have a lawyer. If the plaintiff has legal representation and you don't, they know the rules and you don't.

The stakes are too high. An extended restraining order affects your housing, your custody rights, your gun rights, your employment, and your record. This is not the time to wing it.

The Consequences of an Extended Restraining Order

Many people underestimate how much a 209A restraining order can affect their lives. Here's what you're facing if the order is extended:

Your Record: The order is entered into the Statewide Domestic Violence Registry Index, which is part of the Court Activity Record Index (CARI). Judges and law enforcement can see this record. While it's technically separate from your criminal record (CORI), many employers, landlords, and licensing boards can access it.

Your Home: If the order includes a vacate provision, you cannot return home until the order is terminated or modified—even if you own the property.

Your Children: A 209Aorder can include temporary custody provisions. Even if it doesn't, family courts often view the existence of a restraining order as evidence of concerning behavior. This can significantly impact custody and visitation decisions in any divorce or family law case.

Your Firearms: The automatic suspension of your firearms license and surrender of weapons continues for the duration of the order. Federal law also prohibits firearm possession for anyone subject to a qualifying protection order.

Your Employment: Certain professions require background checks. A restraining order can affect careers in law enforcement, security, healthcare, education, and other fields that involve vulnerable populations.

Annual Renewals: Once extended for a year, the plaintiff can request renewal indefinitely. Renewal hearings tend to favor the plaintiff, making it harder to terminate the order later.

What If You Accidentally Violate the Order?

This is one of the most dangerous aspects of a restraining order. Violating a 209A order is a criminal offense, punishable by up to 2.5 years in a house of correction and fines up to$5,000.

What counts as a violation:

•      Sending a text message, even to say "I miss the kids"

•      Calling, even to discuss logistics about shared property

•      Showing up at a location where the protected person is present

•      Having someone else contact them on your behalf

•      Responding if THEY contact YOU

Yes, you read that last one correctly. Even if the person who filed the order reaches out to you first, responding can be charged as a violation. The order restricts YOUR behavior, not theirs. If they contact you, do not respond. Document it and tell your lawyer.

What about accidental encounters? Massachusetts courts have recognized that truly accidental contact—like unexpectedly seeing someone at a grocery store—is not a violation as long as you immediately leave and do not communicate. But this defense only works if it's genuinely accidental and you depart right away.

How to Prepare for Your 10-Day Hearing

If you want the best chance of having this order terminated or modified, preparation is essential:

1.    Gather evidence immediately. Text messages, emails, social media posts, photos with timestamps—anything that contradicts the allegations or shows the true nature of your relationship.

2.    Identify witnesses. Who can speak to your character? Who was present during incidents that were misrepresented? Who can provide context the judge needs to hear?

3.    Read the affidavit carefully. The person who filed the order submitted a sworn statement describing why they sought protection. Understanding exactly what they alleged is crucial to preparing your response.

4.    Document your own account. Write down everything you remember about the events in question while it's fresh. Include dates, times, locations, and any witnesses.

5.    Follow the order completely. Even if you believe it's unjust, any violation between now and your hearing will destroy your credibility and could result in criminal charges.

6.    Call a lawyer today. A defense attorney needs time to review the allegations, gather evidence, prepare witnesses, and develop a strategy. Waiting until the day before your hearing doesn't give anyone enough time to help you effectively.

Frequently Asked Questions

Q: When is my 10-day hearing?

A: Check your paperwork. The hearing date should be listed on the order you received. It will be within 10court business days from when the emergency order was issued.

Q: Can I go home if my name is on the lease or deed?

A: Not if the order includes a vacate provision. The order overrides your property rights temporarily. You must comply until the order is modified or terminated.

Q: What if they contact me first?

A: Do not respond. The order restricts YOUR behavior. If they contact you, save the evidence and tell your lawyer, but do not reply in any way.

Q: Will this show up on a background check?

A: The restraining order is entered into the Domestic Violence Registry Index, which is visible to judges, law enforcement, and certain other officials. Criminal background checks (CORI)may also reflect the order, and violations result in criminal records.

Q: Can I get my firearms back if the order is terminated?

A: If the order is terminated, you may petition to have your firearms and licenses returned. However, this isa separate process and isn't automatic.

Contact Ernest Stone Today

If you've been served with a209A restraining order, you need experienced legal representation immediately. Don't let a one-sided story define your future.

Call (978) 969-2890 for a free consultation with an experienced Massachusetts criminal defense attorney who will fight for your rights and protect your future.

H. Ernest Stone, Attorney PC

900 Cummings Center, Suite 321-U

Beverly, MA 01915

Phone: (978) 969-2890

Email: es@herneststone.com

We represent good people who have had a really bad day.

We'll Get You Through the Storm

Being served with a restraining order can feel like your world is falling apart. You may be locked out of your home, separated from your children, and facing allegations you never had a chance to address. We understand how overwhelming this is.

With nearly 30 years of experience defending clients throughout Massachusetts, we know how to navigate these hearings and fight for the best possible outcome. Every case is different, and we'll develop a defense strategy tailored specifically to your situation.

Don't wait. Call (978)969-2890 today.

‍