Restraining Orders in Massachusetts

Restraining Orders in Massachusetts

In Massachusetts, individuals facing abuse or harassment have legal avenues to seek protection through court-issued orders. These orders are designed to prevent further harm and ensure the safety of victims. This guide provides an overview of the types of prevention orders available, eligibility criteria, and the process for obtaining them.

Abuse Prevention Orders (Chapter 209A)

Also known as restraining orders or protective orders, Abuse Prevention Orders are intended to protect individuals from abuse by a family or household member. According to Massachusetts law, abuse is defined as:

  • Physical harm or attempted physical harm.
  • Placing another in fear of imminent serious physical harm.
  • Causing another to engage involuntarily in sexual relations by force, threat, or duress.

Eligibility: To be eligible for an Abuse Prevention Order, the plaintiff (the person seeking protection) must have a specific relationship with the defendant (the person from whom protection is sought). This includes:

  • Current or former spouses.
  • Individuals who currently or formerly lived together.
  • Blood relatives or relatives by marriage.
  • Parents who share a child.
  • Individuals in a substantive dating or engagement relationship.

Harassment Prevention Orders (Chapter 258E)

Harassment Prevention Orders are designed to protect individuals from harassment, stalking, or sexual assault, regardless of the relationship between the parties. This means you can seek protection from anyone, not just family or household members.

Criteria for Harassment: To qualify for a Harassment Prevention Order, you must demonstrate that the defendant has committed:

  • Three or more acts of willful and malicious conduct aimed at you, intended to cause fear, intimidation, abuse, or damage to property.
  • A single act that constitutes:
    • Forcing you to engage in involuntary sexual relations.
    • Committing specific crimes such as indecent assault and battery, rape, statutory rape, assault with intent to rape, enticement of a child, criminal stalking, or criminal harassment.

How to Request a Harassment or Abuse Prevention Order:

  1. Visit the Appropriate Court: File your request at your local Superior Court, Municipal Court, or District Court.
  2. Complete the Petition Forms: These forms are available at the court or can be accessed online.
  3. File Your Petition: Submit the completed forms to the court clerk. A judge will evaluate your request and may issue a temporary order pending a full hearing.

Key Considerations

  • No Filing Fees: There are no fees to file for either an Abuse or Harassment Prevention Order.
  • Legal Representation: While not required, having an attorney can help navigate the process and represent your interests effectively.
  • Enforcement: Violating a prevention order is a criminal offense and should be reported to law enforcement immediately.
  • Support Services: Various organizations offer support and advocacy for individuals seeking protection orders.

Understanding your rights and the legal protections available is crucial in situations involving abuse or harassment. If you or someone you know is experiencing such issues, consider reaching out to the law offices of Sclafani & Moriarty at 413-732-8356 for assistance.