ABUSE PREVENTION ORDERS

 An Abuse Prevention Order is designed to prevent domestice abuse and violence.  Domestic Violence is very serious and is taken very seriously by the Court system, Judges, Police and District Attorneys.

If you have suffered from abuse, you are entitled to an Abuse Prevention Order under Chapter 209A of the Massachusetts General Laws, commonly known as a "209A" order.  To qualify for a 209A order, you must have suffered abuse in the past at the hands of the defendant, and you must be in "reasonable fear of imminent bodily harm." 

Only people who have lived together, or are married or blood relatives or have had a romantic relationship are entitled to seek a 209A order. 

Abuse is defined as any one of these three acts: 1) causing or attempting to cause physical harm to another; 2)  placing another in fear of physical harm; or 3) forcing another to engage in sexual intercourse by direct force or duress or threats.  If you have suffered abuse, you should seek a 209A order immediately to help prevent further, perhaps more serious abuse.  If you have children, the Court can award you sole custody of them, and can order no visitation with the defendant until the next hearing date.  The court can also give you exclusive possession of your home or apartment, regardless of who owns it or pays the bills, and can award you support for your children and even order the defendant to pay your medical bills and other expenses caused by the abuse.  The Court will order that the defendant cannot contact you in any way, orally or in writing, and must stay a designated distance away from you, where you live, where you work, and where your children go to school at all times. 

A 209A order is usully applied for by the victim "ex parte," meaning without notice to the defendant because you fear that if the defendant is given notice prior to the hearing, you will be hurt.  If the order is issued, the defendant will immediately be served with the 209A order by the police.  The Court will schedule a hearing within 10 days at which the defendant is permitted to appear and contest the extension of the order.  If the judge extends the order after hearing, it will typically be extended for one year.  Thereafter, it can be annually renewed indefinitely if needed.  The court can also eventually issue a permanent order. 

A 209A order is a civil order.  However, a violation of the order is a criminal offense.  Each violation can result in a 2 1/2 year jail sentence.

Just as domestic abuse is common, so too is abuse of the system by people who do not need a restraining order, but instead are seeking a restraining order to gain an advantage in a paternity or divorce case, to cause the other party damage to their reputation or career, or simply to be vindictive and hurtful to the defendant.  If you have been served with a 209A order and the allegations are false, you should vigorously contest the extension of the order by testimony and offering witnesses and other evidence to prove you have not abused the plaintiff. 

I represent parties both seeking restraining orders and those defending against them. 

DOMESTIC RELATIONS PROTECTION ORDER  

A Domestic Relations Protection Order can be issued in connection with a divorce or paternity action between spouses or former partners.  This type of restraining order should be sought where the defendant has not abused you in the past, but you now feel that you need a restraining order to protect you in the future. 

Just as in a 209A order, the Court can order the defendant not to contact you, to stay away from you, give you exclusive possession of your apartment or home

This type of order is also a civil order.  However, a violation of the order is a criminal offense.  Each violation can result in a 2 1/2 year jail sentence.