Massachusetts 209A Restraining Order Lawyer | Aggressive Defense

If you are facing a Massachusetts 209A restraining order, you need experienced Massachusetts 209A Restraining Order Lawyer immediately.

You may be ordered out of your home.
You may lose access to your children.
You may be required to surrender your firearms.
And your reputation could be damaged overnight.

A 209A restraining order is technically a civil case — but violating it is a criminal offense punishable by jail. A restraining order often overlaps with a pending domestic violence charge, and both cases must be handled strategically together. These hearings move quickly, often within 10 days, and what happens at that hearing can affect your future for years.

Attorney Patrick Donovan, a Massachusetts 209A Restraining Order Lawyer, is a former Massachusetts prosecutor who now defends individuals accused in restraining order proceedings across District, Probate, and Superior Courts. He understands how judges evaluate “reasonable fear of imminent serious physical harm” and how weak affidavits, exaggerations, or strategic custody disputes can influence these cases.

You have the right to:

• Cross-examine the plaintiff
• Present witnesses
• Introduce evidence
• Challenge the legal standard
• Argue against extension or permanence

Many restraining orders are issued temporarily without the defendant present. The two-party hearing is your opportunity to fight back. You do not have to accept the allegations without challenge. The two-party hearing is your opportunity to present your side of the story and prevent the order from being extended.

If your hearing is scheduled within the next 10 days, immediate preparation is critical.

📞 Call (617) 479-1800 today for a confidential consultation.

What Is a 209A Restraining Order in Massachusetts?

A restraining order under Massachusetts General Laws Chapter 209A is a civil court order designed to protect someone who claims abuse by a family or household member. Although it is a civil matter, violations carry criminal penalties for violating a 209A restraining order, including arrest and possible jail time.

Who Can Get a 209A Order?

Any person in a qualifying relationship — including a current or former spouse, household member, dating partner, or certain family member — may apply for a 209A restraining order in Massachusetts.

Can a 209A Restraining Order Be Dismissed?

Yes. At the two-party hearing (typically within 10 days), the defendant has the right to cross-examine the plaintiff, present evidence, and argue that the legal standard has not been met.

Courts must find a “reasonable fear of imminent serious physical harm.” If that standard is not proven, the order should not issue.

How to Get a Restraining Order in Massachusetts

An ex parte hearing is the first step in the Massachusetts restraining order process. This ex parte hearing is where one side may obtain a temporary 209A order. At this hearing, the person seeking the order (the plaintiff) must fill out an affidavit. This must say why they think they need the 209a order. Finally, if the judge believes the plaintiff can show a reasonable fear of harm the order issues.

Two Party Hearing

The two-party hearing is the second step. The two-party hearing is held ten days after the ex parte hearing. The plaintiff goes first at the extension hearing. Usually, the plaintiff will tell the judge why the order is needed. If the plaintiff has an attorney, the attorney may question the plaintiff.

After the plaintiff testifies, the defendant has a right to ask questions. This is called cross-examination. The plaintiff can, if they want, call witnesses after the cross-examination. The defendant can then cross-examine the witnesses. The defendant may testify after the plaintiff presents all of their evidence. This is entirely the defendant’s decision. If the defendant chooses to testify, the plaintiff has the right to cross-examination. Also, the defendant can offer any witness they like.

The last part of the two-party hearing is closing arguments. Both sides can make a closing argument. The plaintiff will argue in support of the order, and the defendant will argue why the plaintiff does not need a Massachusetts restraining order.

The judge, after hearing all of the evidence and argument, has to decide if the order should be issued. The judge must use the preponderance of evidence standard. Then, the judge must determine whether the plaintiff has shown a reasonable fear of physical harm. If the plaintiff does the restraining order issues. Then, the judge cannot issue the order if the plaintiff does not show a reasonable fear of harm. Finally, the judge may issue the order for up to one year.

Extension Hearing

After one year, there is another extension hearing. Again, both sides can present an argument. There, the plaintiff must show a continued need for the protection. Then, the judge must determine if a reasonable person would still be in fear of the defendant. Finally, if the judge extends the order, he can make it permanent or for a certain period of time.

Restraining Order Consequences

209A Orders have many consequences. They can either be a no-contact order (otherwise known as a stay-away) or a no-abuse order. A no-contact order means that the defendant must stay away and have no contact with the plaintiff, stay a certain distance away from the plaintiff, and may even force someone to leave their own house. A judge can order the person paying the mortgage or rent to leave. Also, a no-contact order forbids the defendant from calling, emailing, texting, or communicating with the plaintiff.

A no-abuse order does not include a stay-away order. It allows the parties to be near each other. A no-abuse order forbids the defendant from abusing the plaintiff. Any abuse by the defendant will result in a criminal charge.

Any 209a order in Massachusetts requires gun owners not to possess any guns. Therefore, anyone who owns a gun must turn it in to the police, or to a licensed gun owner, while the order is active. Also, anyone who violates the order is subject to immediate arrest. They also face up to two and a half years in the House of Correction.

Can a 209A Restraining Order Affect My Criminal Case?

Yes. These hearings frequently arise from allegations of assault and battery on a family member. Statements made during a restraining order hearing can be used in a related domestic violence prosecution. Testimony is under oath, and inconsistencies can significantly impact credibility in later criminal proceedings. Coordination between the restraining order defense and any pending criminal case is critical.

Restraining Order MA Penalties

The consequences for violating a 209A order in Massachusetts are harsh. Those found guilty can be sentenced to a maximum of two and a half years in the House of Correction. Moreover, additional penalties may involve obligatory participation in an approved program for individuals involved in domestic violence, probation, monetary fines, and associated fees.

Living with a Restraining Order

Once issued, it must be strictly adhered to. Complying with all the stipulations outlined in the order is crucial. For instance, if the order explicitly prohibits any form of communication, it is imperative to refrain from making any contact whatsoever. Furthermore, it is important to note that violations of the restraining order can have significant implications for both divorce proceedings and child custody cases.

Frequently Asked Questions About 209A Restraining Orders

How long does a 209A restraining order last in Massachusetts?

A temporary 209A restraining order typically lasts up to 10 days until a two-party hearing is held. If extended after that hearing, the judge may issue the order for up to one year, and in some cases, it may be extended permanently.

Can I own a gun while under a restraining order?

No. Under Massachusetts law, anyone subject to a 209A restraining order must surrender all firearms, ammunition, and their License to Carry (LTC) while the order is active. A conviction for violating the order may result in longer-term firearm prohibitions under both state and federal law.

What happens if I violate a 209A order?

Violating a 209A restraining order is a criminal offense. A first violation can result in arrest and up to 2½ years in the House of Correction, along with probation and mandatory programs. Even accidental contact can lead to criminal charges.

Can a restraining order be removed early?

Yes, but it is not automatic. The defendant may request a modification or termination hearing. The judge will evaluate whether the plaintiff still has a reasonable fear of imminent serious physical harm before deciding whether to remove or modify the order.

Does a 209A order appear on a criminal record?

A 209A restraining order itself is a civil matter and does not create a criminal conviction. However, violations of the order are criminal charges that will appear on a criminal record if prosecuted.