Served With a 209A Restraining Order in Massachusetts

Look at the order you were handed. Find the date and time of the next hearing. That is the most important thing on the page, and it is coming soon. By law, the hearing takes place no later than ten court business days after the order was issued.

If you want to talk to a lawyer before then, call 978-969-2890. The phone is answered at any hour.

Being served with a restraining order can knock the wind out of you. A police officer may have come to your door, or to your work. You may have been told to leave your own home, hand over your firearms, and stay away from your children. Most people learn about the order at the same moment it takes effect, because the first order is usually issued without the other person in the courtroom.

None of that means the order is final, or that a judge has heard your side. The order you have now is temporary. The hearing is your chance to be heard. This page walks through what to do right now, how to prepare, the decisions that matter most, and what happens after.

Right now: the first 48 hours

Follow the order exactly. Even if you believe it is false. Even if you believe it is unfair. Even if the other person calls you, texts you, or shows up. A violation is a separate crime, and police are required to arrest when they have probable cause to believe an order was violated. The fastest way to make a restraining order case worse is to break the order.

Do not reach out. Not to explain, not to apologize, not to ask what happened, and not through friends or family. If the other person contacts you, do not respond. Keep the message.

If you were ordered out of your home, stay out until a court says otherwise. The order controls who can be at the home. It does not change who owns it.

If you were ordered to surrender firearms, do it. The order will say so. You can ask the court to review the surrender, and that review has to be heard within ten court business days. If you need a firearm for your job, you can file an affidavit saying so and ask for a faster hearing, which must be held within two business days, on the firearms issue only.

Write down what you remember while it is fresh. Dates, places, who was there, what was said. Save texts, emails, voicemails and social media messages. Do not delete anything.

Call a lawyer before the hearing, not the morning of it. The time between now and the hearing is the only preparation time you get.

Before the hearing: preparing

At the hearing, the person who asked for the order has to prove their case. The judge decides whether they have shown abuse, meaning physical harm or an attempt at it, being put in fear of imminent serious physical harm, forced sexual relations, or coercive control, by a family or household member. The standard is more likely than not.

You have the right to be heard. You can testify, present evidence, and question the other side's evidence. The judge can limit how that happens, and the formal rules of evidence do not have to be followed. That flexibility cuts both ways. It means what you bring, and how it is organized, matters more than people expect.

Here is what we do before the hearing:

• Go through the complaint and affidavit the other person filed, line by line, so you know exactly what you are answering.
• Build the timeline. What actually happened, when, and what the messages between you show.
• Gather the evidence that supports it, and put it in a form the judge can follow.
• Identify witnesses who saw or heard what happened, and decide whether they should come.
• Look at the rest of your life — a criminal case, a divorce, custody, your job, your license — so the strategy at this hearing does not create a problem somewhere else.

Things to bring to the hearing

• the order you were served, and every page that came with it
• texts, emails, voicemails and social media messages, printed or saved where you can show them
• any photographs or documents that bear on what happened
• names and contact details of anyone who saw or heard what happened
• a short written timeline, in your own words
• if children are involved, their schedule and how exchanges have worked

Should you testify?

This is often the most important decision in the whole case, and it should be made with a lawyer before the hearing, not in the hallway outside the courtroom.

Many 209A cases arrive alongside a criminal charge arising from the same events. When that happens, you have a constitutional right not to incriminate yourself, and you do not lose it at a restraining order hearing. But the two proceedings pull in opposite directions.

In the 209A hearing, the judge is allowed to take your silence into account. Massachusetts's highest court has said a judge may draw an inference against a defendant who does not testify, even when a criminal case is pending. Silence alone cannot be the basis for an order, but it can count. The court has also said a pending criminal case is not, by itself, a reason to postpone the restraining order hearing.

So the choice is real. Testifying may help you in the restraining order case. It is also sworn testimony about the same events the criminal case is about. There is no one right answer. It depends on the facts, the evidence, and what is at stake in each case. What matters is that it is decided deliberately, with advice, before you walk in.

If you believe the application is false or retaliatory

It happens, and it is painful. Orders are sometimes sought during a breakup, a divorce or a custody fight, and sometimes the account in the affidavit is wrong.

Saying it is false is not enough. What helps is showing it: the timeline, the messages, the witnesses, the details that do not line up. That is the work described above, and it matters most in exactly these cases.

Two things to know. The court can only issue mutual orders, restraining both people, if it makes specific written findings. And an order you do not agree with still has to be obeyed until a court changes it.

What is at stake

A restraining order is a civil order, not a criminal conviction. But it can reach far into your life.

Firearms. While you are subject to a 209A order, Massachusetts law treats you as prohibited from holding a license to carry or a firearms identification card, and your license must be suspended or revoked. Firearms surrendered under the order stay surrendered for as long as the order is in effect. Federal law can also prohibit possessing firearms while you are under certain protection orders, including orders involving an intimate partner that were issued after a hearing you had notice of.

Your home. A judge can order you to leave and stay away from your home and your workplace.

Your children. A judge can award temporary custody to the other person. And in Probate and Family Court, a finding of a pattern of abuse or a serious incident of abuse creates a presumption that the abusive parent should not have sole or shared custody. What happens at the restraining order hearing can follow you into a custody case.

Immigration. If you are not a U.S. citizen, federal law makes a person deportable if a court finds they violated certain parts of a protection order, such as the parts against threats, repeated harassment or bodily injury. A criminal conviction is not required. If you are not a citizen, tell your lawyer right away.

The record. A 209A order is recorded in a statewide domestic violence record keeping system maintained by the Commissioner of Probation. Judges search it whenever a new restraining order is sought, and firearms licensing authorities check it too. See the next section.

The record, and background checks

The statewide record of a 209A order does not go away when the order ends, and in almost all cases it cannot be erased. Massachusetts courts have held that judges do not have the power to expunge a 209A order from the statewide system. The one narrow exception is where a judge finds, by clear and convincing evidence, that the order was obtained through fraud on the court.

That is one more reason the hearing after notice matters. It is far easier to keep an order from being extended than to undo its record afterward.

If you are charged with violating the order

Violating a 209A 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. The court is also generally required to order a certified batterer's intervention program, unless it makes written findings explaining why not. Police are required to arrest when they have probable cause to believe an order was violated.

A violation charge is a criminal case, and it is defended like one. See our page on violation of a 209A order under G.L. c. 209A, § 7.

Changing, ending, extending or appealing an order

Extension. An order issued after the hearing lasts up to one year. At the end, the other person can ask for it to be extended, or made permanent. To get an extension, they have to show again, more likely than not, that they currently have a reasonable fear of imminent serious physical harm. The judge can consider what led to the original order, but the original order itself is not re-argued at that stage. That is why the first hearing matters so much.

Asking the court to end an order. Either side can ask the court to change an order at any time. To end one early, a defendant has to show, by clear and convincing evidence, a significant change in circumstances, such that the other person no longer reasonably fears imminent serious physical harm. The passage of time and obeying the order are not enough on their own. Neither are the consequences the order has had on your life. It is a high bar, and it takes real evidence.

Permanent orders. A judge can make an order permanent. A permanent order stays in place until a court ends it.

Appeal. An order issued after the two-party hearing can be appealed to the Massachusetts Appeals Court. Appeals have strict deadlines. If you think the judge got it wrong, talk to a lawyer immediately.

Official court forms and resources

• Abuse prevention orders for defendants — Mass.gov
• Restraining order court forms, including the defendant's motion to modify or terminate (FA-14) — Massachusetts Trial Court
• How to change or end a 209A restraining order — Massachusetts Legal Help

Related pages

• Massachusetts restraining orders: an overview
• Getting a 209A order
• Harassment prevention orders (258E)
• Violation of a 209A order: G.L. c. 209A, § 7
• Domestic assault and battery

Frequently asked questions

I've just been served with a restraining order. What do I do?

Read it carefully, obey every part of it, and find the date of the next hearing. Do not contact the other person, even to explain, and do not respond if they contact you. Surrender any firearms the order covers. Then talk to a lawyer before the hearing, because that time is the only preparation you get.

Can I fight a restraining order in Massachusetts?

Yes. The first order is usually issued without you there, and the hearing after notice is your chance to be heard. The person who asked for the order has to prove abuse, more likely than not. You can testify, present evidence and question the other side's case.

What if the restraining order is based on lies?

Obey it anyway until a court changes it. At the hearing, the answer to a false application is evidence: the timeline, the messages, the witnesses and the details that do not add up. Preparing that carefully is the most effective thing you can do.

What happens if I don't go to the hearing?

The temporary order can simply continue without you. The hearing is your first real opportunity to be heard. Missing it means the judge hears only one side.

Should I testify if I also have a criminal case?

That is a decision to make with a lawyer before the hearing. You keep your right not to incriminate yourself, but in the restraining order case the judge is allowed to take your silence into account, although silence alone cannot support an order. Testifying may help in one case and create risk in the other.

Will I lose my guns?

While you are subject to a 209A order, Massachusetts treats you as prohibited from holding a license to carry or a firearms identification card, and surrendered firearms stay surrendered while the order is in effect. Federal law can also prohibit possession under certain orders. You can ask the court to review a surrender order, and if you need a firearm for work, you can ask for an expedited hearing on that issue.

Can I go home?

Not if the order tells you to stay away from the home. The order controls who can be there, regardless of whose name is on the deed. Going back while the order is in place puts you at risk of a violation charge, even if the other person invites you.

Does a restraining order show up on a background check?

A 209A order is not a criminal conviction. But it is recorded in a statewide domestic violence record keeping system that judges and firearms licensing authorities search. In almost all cases that record cannot be erased, even after the order ends.

Can a 209A order be removed or vacated?

Either side can ask the court to change or end an order. To end it early, a defendant has to show by clear and convincing evidence a significant change in circumstances, so that the other person no longer reasonably fears imminent serious physical harm. Time passing and obeying the order are not enough by themselves.

Can I appeal a restraining order?

Yes. An order issued after the two-party hearing can be appealed to the Massachusetts Appeals Court. Appeals have strict deadlines, so talk to a lawyer right away if you think the order was wrongly issued.

What if the other person contacts me first?

Do not respond. The order limits what you can do, not what the other person does, and replying is contact, whoever reached out first. Keep the message, and tell your lawyer.

Can a restraining order affect my immigration status?

It can. Under federal law, a noncitizen can be deportable if a court finds they violated certain parts of a protection order, even without a criminal conviction. If you are not a U.S. citizen, tell your lawyer before the hearing.

Talk to us

The hearing is coming up fast, and what happens there can shape the next several years. 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