Restraining Orders

What We Do for Restraining Orders

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, call, text or email today for trusted counsel that you can depend on.

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, call, text or email today for trusted counsel that you can depend on.

Contact Us Today To See How We Can Help