Restraining Orders

What Are Restraining Orders?

There are two types of restraining orders in Massachusetts: Abuse Prevention Orders concern domestic relations and are governed by MGL c. 209A; Harassment Prevention Orders concern all other situations and are governed by MGL c. 258E.

You may request an Abuse Prevention Order (a “209A Order”) from a judge if:

1. You and your abuser are or were:
   • married,
   • or residing together in the same household,
   • or in a substantive dating or engagement relationship,
   • or related by blood or marriage,
   • or you have a child in common;
2. and you are suffering from abuse because your abuser has:
   • harmed or attempted to harm you physically,
   • or put you in fear of imminent serious physical harm,
   • or caused you to engage in sexual relations involuntarily by using force, threat or duress;
3. and you:
   • currently live within the geographical area of this court,
   • or used to live within the geographical area of this court but you left to avoid abuse.

A judge may issue an Abuse Prevention Order without prior notice to your abuser if there is a substantial likelihood of immediate danger of abuse.

You may request a Harassment Prevention Order (a “258E Order”) from a judge if:

1. You are suffering from harassment because someone has committed 3 or more acts:
   • that were willful and malicious,
       “Malicious” means characterized by cruelty, hostility or revenge. 
   • and were aimed at you
   • and were intended to cause you fear, intimidation, abuse or damage to property, “Abuse”  means causing or attempting to cause physical harm, or causing fear of imminent serious  physical harm.
   • and did in fact cause you fear, intimidation, abuse or damage to property;
2. or someone has caused you at least once to engage in sexual relations involuntarily by using force, threat or duress;
3. or someone has committed against you at least once an act that violates any of the following statutes: General Laws chapter 265, §§ 13B, 13F or 13H (indecent assault and battery), 22 or 22A (rape), 23 (statutory rape), 24 or 24B (assault with intent to rape), 26C (enticing a child), 43 (criminal stalking), 43A (criminal harassment), or chapter 272, § 3 (drugging for sexual intercourse);
4. and you currently live within the geographical area of this court.

A judge may issue a Harassment Prevention Order without prior notice to your harasser if there is a substantial likelihood of immediate danger of harassment.

Attorney Patrick M. Gioia has obtained and defended against Abuse Prevention Orders and Harassment Prevention Orders in courts throughout the Commonwealth. He has a thorough knowledge of both statutes and stays informed of changes in the caselaw. If you would like to obtain an Order or have been summonsed to court as a defendant, contact Attorney Gioia for trusted counsel that you can depend on.