If you are in danger right now, call 911.

If you need to talk to someone about your safety, the Massachusetts domestic violence hotline, SafeLink, is at 1-877-785-2020 (TTY 1-877-521-2601). The National Domestic Violence Hotline is 1-800-799-7233.

If you want to talk to a lawyer about getting a restraining order, call us at 978-969-2890. The phone is answered at any hour.

Someone you are close to, or used to be, is hurting you, threatening you, or controlling your life. You may have been living with it for a long time. You may not be sure it is "bad enough" for a court. You may be worried about what happens to your children, your home, or your money if you ask for help.

You are allowed to ask for help. A 209A abuse prevention order is a court order that tells the person hurting you to stop, to stay away, and in many cases to leave the home. You can ask for one yourself, at no cost, and a judge can act on it the same day. This page walks through how it works, what to expect at each step, and where a lawyer makes a difference.

Lawyers should stand up to bullies. That is part of what we believe, and it is why we help people seeking protection as well as people who have been served.

Who can ask for a 209A order

A 209A order is for abuse by a family or household member. Under Massachusetts law, that means someone who:

is or was married to you
lives with you, or used to
is related to you by blood or by marriage
has a child with you, whether or not you were ever married or lived together
is or was in a substantive dating or engagement relationship with you

For a dating relationship, the court looks at how long the relationship lasted, what kind of relationship it was, how often you saw each other, and, if it ended, how long ago. A dating-relationship case can be brought in District Court, Probate and Family Court, or Boston Municipal Court, but not Superior Court.

The person you are asking protection from can be an adult or a minor.

If the other person is not in one of these groups (a neighbor, a coworker, a stranger), a different order may fit. See harassment prevention orders.

What you have to show

You have to show abuse. Massachusetts law defines abuse as any of these, between family or household members:

Physical harm. Causing you physical harm, or trying to.
Fear of serious harm. Putting you in fear of imminent serious physical harm.
Forced sexual relations. Causing you to engage in sexual relations against your will, by force, threat or duress.
Coercive control. A pattern of behavior meant to threaten, intimidate, harass, isolate, control, coerce or compel you, that causes you to reasonably fear physical harm or to feel less safe or less free.

Coercive control is the one many people don't know about, and it may describe what you have been living with. The law gives examples, including:

cutting you off from friends, family or other support
depriving you of basic needs
controlling or monitoring your activities, communications, movements, money or access to services, including through technology
forcing you to do something, or not do something, including something illegal
threatening to harm your child or a relative
threatening to hurt an animal connected to you
deliberately damaging your property
threatening to publish sensitive information about you, including sexually explicit images

Some single acts count on their own: harming or trying to harm your child or a relative, abusing or trying to abuse an animal connected to you, or publishing or trying to publish sexually explicit images of you.

There is no deadline measured from the last incident. The court cannot turn you away only because time has passed.

How to ask for one

You file a complaint at the courthouse, with a sworn statement describing what happened. There is no filing fee, and you do not need a lawyer to file. The court forms are published by the Massachusetts Trial Court, and are linked at the bottom of this page.

You file in the court that covers where you live. If you left your home to get away from the abuse, you can file where you live now or where you lived before.

You will be asked to list any other cases between you and the other person, such as a divorce, custody, support or an earlier restraining order.

If the courthouse is closed, you can still get protection. Go to or call your local police. The police can reach a judge by phone, and the judge can issue an emergency order. You then go to court on the next business day to file the complaint.

The first order, and the hearing that follows

You ask for an order. You file at the courthouse, or reach a judge through the police after hours.
The judge decides right away. If the judge finds a substantial likelihood of immediate danger of abuse, the judge can issue a temporary order the same day, without the other person there.
The other person is served. Police deliver the order. It states the date and time the case will be heard again.
The hearing after notice. No later than ten court business days after the temporary order, both of you can be heard. This is where the judge decides whether the order continues.
The order after the hearing. If the judge continues it, the order lasts for a fixed period of up to one year. It will say on its face when it expires and when you are due back in court.

If the other person does not come to the hearing, the order can continue without them.

What the court can order

A 209A order can include any of these, and others:

the other person must not abuse you
the other person must not contact you, unless the court allows it
the other person must leave and stay away from your home, a multiple-family building you live in, and your workplace
temporary custody of your children
temporary support for you or your children, where the other person has a legal duty to support you
payment for losses caused by the abuse, such as lost earnings, medical and moving costs, new locks, replaced property, and reasonable attorney's fees
no abuse of, or contact with, your children
keeping information in the court file confidential

Firearms. When the judge issues a temporary or emergency order and finds a substantial likelihood of immediate danger of abuse, the judge must also order the other person to hand over their firearms, ammunition, and any license to carry or firearms identification card.

Custody and support outside Probate Court. If your case is in District Court or Boston Municipal Court, a custody or support order is limited to 30 days, and the Probate and Family Court has the final say on custody and support.

The court cannot force you into mediation with the other person.

The order does not affect who owns your home. It controls who can be there, not whose name is on the deed.

At the hearing — and what a lawyer does there

You can go through the first step on your own. The hearing after notice is different.

The other person has the right to be there, and they may bring a lawyer. The judge will hear from both sides. Whatever you say, and whatever you bring, is what the judge has to go on. Many people arrive at this hearing frightened, sitting across the room from the person they are afraid of, trying to remember everything at once. That is exactly when it helps to have someone beside you.

Here is what we do:

Help you prepare. We go through what happened with you before the hearing, at your pace, so you are not reconstructing it for the first time in front of a judge.
Organize what you have. Texts, voicemails, emails, social media messages, photographs, medical records, police reports, and the names of anyone who saw or heard what happened. We help you decide what matters and bring it in a form the court can use.
Speak for you. We deal with the other person's lawyer, question the other side when it is needed, and make the argument to the judge so you do not have to.
Think about what comes next. A custody case, a divorce, a criminal case, a lease. We help you ask for an order that fits the rest of your life, not just the next two weeks.

Things to bring to the hearing

your copy of the temporary order
any texts, emails, voicemails or social media messages, printed or saved where you can show them
photographs of injuries or damage
police reports, medical records, or anything else in writing
names and contact details of anyone who saw or heard what happened
a short written list of dates and events, in your own words
anything about your children's schedule, school or care, if custody is involved

What an order does, and what it doesn't do

An order gives you legal protection with real consequences. If the other person breaks it, that is a crime, and you can call the police.

An order is not a guarantee of safety. It is a piece of paper that carries the power of the court behind it. Many people pair it with a safety plan: who to call, where to go, what to keep with you. SafeLink, at 1-877-785-2020, is one place to start.

An order also does not end on its own if you reconcile, or if the other person asks you to drop it. If your situation changes, you can ask the court to change or end the order. Until the court does, the order stays in place.

If the order is violated

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. When someone is found to have violated an order, the court is also generally required to order a certified batterer's intervention program.

If the other person contacts you, comes to your home or work, or does anything else the order forbids, call the police. Keep any messages, and write down what happened while it is fresh.

Extending the order

An order after the hearing lasts up to one year. Before it runs out, you can go back to court on the date and time printed on the order and ask the judge to extend it. The judge can extend it for as long as reasonably necessary to protect you, or make it permanent.

You do not have to prove that new abuse happened while the order was in place. The fact that the order worked, and nothing happened, is not by itself a reason to let it end.

If you miss the date, the order can expire. Put it on your calendar the day you receive it.

Official court forms and resources

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

Frequently asked questions

How do I get a restraining order in Massachusetts?

Go to the courthouse that covers where you live and ask for the 209A forms. You fill out a complaint and a sworn statement describing what happened, and a judge can decide the same day whether to issue a temporary order. If the courthouse is closed, contact your local police, who can reach a judge by phone for an emergency order.

What are the grounds for a restraining order in Massachusetts?

For a 209A order, you have to show abuse by a family or household member. Abuse means causing or trying to cause physical harm, putting you in fear of imminent serious physical harm, forcing you into sexual relations by force, threat or duress, or coercive control. The other person must be a spouse or former spouse, someone you live or lived with, a relative, the other parent of your child, or someone you are or were in a substantive dating relationship with.

Do I need a lawyer to get a restraining order?

No. You can file on your own, and there is no filing fee. A lawyer matters most at the hearing after notice, where the other person can appear, may have a lawyer of their own, and the judge decides whether the order continues. We help you prepare, organize your evidence, and speak for you in court.

Can I get a restraining order against someone I only dated?

Yes, if it was a substantive dating or engagement relationship. The court looks at how long the relationship lasted, what kind of relationship it was, how often you saw each other, and how long ago it ended. If the relationship does not qualify, a harassment prevention order under chapter 258E may still be available.

Can the order make the other person leave our home?

Yes. The court can order the other person to leave and stay away from your home, a multiple-family building you live in, and your workplace. The order controls who can be in the home, not who owns it. It does not change whose name is on the deed.

Can I keep my address private?

You can ask. The court can order information in the case file to be impounded, which keeps it confidential. The Massachusetts Trial Court publishes a motion for impoundment for this purpose. If you are worried about the other person learning where you live, raise it when you file.

What happens if the other person doesn't come to the hearing?

The order can continue without them. The hearing after notice is their chance to be heard, and if they do not appear, the judge can continue the temporary order. You should still go, and bring your copy of the order.

What if the other person violates the order?

Call the police. Violating a 209A order is a crime, punishable by a fine of up to $5,000, up to two and a half years in a house of correction, or both. Keep any messages or evidence of what happened.

Can a 209A order be made permanent?

Yes. When an order is about to expire, you can return to court on the date printed on it and ask for an extension. The judge can extend it for as long as reasonably necessary to protect you, or enter a permanent order. You do not have to show new abuse to get an extension.

Talk to us

You do not have to figure this out alone. 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

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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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Getting a 209A Restraining Order in Massachusetts