209A RESTRAINING ORDER FAQ'S

1. What is a 209A Restraining Order in Massachusetts?
   - A 209A Restraining Order, also known as a protective order, is a court order designed to protect individuals from abuse or harassment by a family or household member.

2. Who can file for a 209A Restraining Order?
   - Anyone who is experiencing abuse from a family or household member, including spouses, former spouses, individuals who have a child together, or those in a significant dating relationship.

3. What constitutes abuse under a 209A Order?
   - Abuse includes physical harm, attempts to harm, causing fear of serious physical harm, and forced sexual relations.

4. How do I apply for a 209A Restraining Order?
   - You need to go to a Massachusetts court - either the District Court, Probate and Family Court, or Superior Court - and fill out a complaint form to request a restraining order.

5. Is there a fee to file for a 209A Order?
   - No, there are no fees associated with filing for a restraining order under Chapter 209A.

6. Can I get a restraining order without the abuser knowing?
   - Initially, yes. You can request an ex parte order, which is a temporary order granted without the abuser's presence. However, a follow-up hearing will be scheduled where the abuser has the right to be present.

7. What happens at the follow-up hearing for a 209A Order?
   - Both the petitioner (the person seeking protection) and the defendant (the alleged abuser) have the opportunity to present evidence and testimonies. The judge will decide whether to extend the restraining order.

8. How long does a 209A Restraining Order last?
   - An ex parte order can last up to 10 days. After the follow-up hearing, if extended, the order can last up to a year and can be renewed.

9. What protections can a 209A Order provide?
   - The order can prohibit the abuser from contacting or abusing you, require them to vacate your home, award temporary custody of children, and more.

10. What happens if the abuser violates the 209A Order?
    - Violating a 209A Restraining Order is a criminal offense. The abuser can be arrested and prosecuted, potentially leading to fines or imprisonment.

11. Can I get a 209A Order if the abuser does not live in Massachusetts?
    - Yes, as long as the abuse happened in Massachusetts, or if you live in Massachusetts and are seeking refuge from abuse that occurred out of state.

12. Do I need a lawyer to file for a 209A Order?
    - While not required, having a lawyer can be beneficial, especially for the follow-up hearing. Some courts provide advocates to help fill out forms.

13. Can a 209A Order affect custody of my children?
    - Yes, it can provide temporary custody orders. However, permanent custody decisions are usually made during divorce or custody proceedings.

14. Can I modify or terminate a 209A Order?
    - Yes, either party can request the court to modify or terminate the order. The court will hold a hearing to consider the request.

15. What should I do if I need immediate protection outside court hours?
    - You can contact the police. Police can help you obtain an emergency protective order that lasts until the courts reopen.