By Damian Turco | Updated October 2026
A Massachusetts restraining order is a civil court order designed to protect a person from abuse or harassment by restricting another person’s conduct. Depending on the circumstances, an order may prohibit contact, require someone to stay away from a home or workplace, require a person to leave a shared residence, or impose other protections authorized by law.
Massachusetts has two primary types of civil protective orders: 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. Which type applies depends primarily on the relationship between the parties and the conduct involved. A 209A order addresses abuse between family or household members, including current or former spouses and dating partners, while a 258E order addresses qualifying harassment and does not require a family, household, or dating relationship.
Restraining order proceedings can move quickly. A court may issue temporary protection without the other party present when the statutory requirements are satisfied, followed by a hearing at which both sides have an opportunity to be heard. Although these are civil proceedings, the consequences can be significant for both parties and may affect contact between family members, living arrangements, firearms rights, and related divorce or child custody proceedings. Violating certain provisions of a protective order can also result in criminal prosecution.
Whether you are seeking protection or have been served with an order, understanding which Massachusetts law applies and what will happen at the upcoming hearing can help you make informed decisions and protect your rights.
Types of Restraining Orders in Massachusetts
Massachusetts has two primary types of civil protective orders: 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. The appropriate order depends on the relationship between the parties and the conduct alleged.
209A Abuse Prevention Orders
A 209A Abuse Prevention Order is available when the plaintiff and defendant have a qualifying family or household relationship. This includes people who:
- Are or were married to each other
- Are or were living together in the same household
- Are related by blood or marriage
- Have a child together
- Are or were in a substantive dating or engagement relationship
Under G.L. c. 209A, “abuse” includes attempting to cause or causing physical harm, placing another person in fear of imminent serious physical harm, causing involuntary sexual relations through force, threat, or duress, or engaging in coercive control. Massachusetts law recognizes coercive control as certain patterns of behavior intended to threaten, intimidate, isolate, or control another person, causing that person to reasonably fear physical harm or experience a reduced sense of physical safety or autonomy. Examples may include controlling someone’s finances, monitoring communications, isolating someone from family or friends, or threatening harm to children or pets. Certain particularly serious single acts may also qualify as coercive control.
Depending on the circumstances, a 209A order can require the defendant to stop abusing the plaintiff, have no contact with the plaintiff, leave and stay away from a shared residence, stay away from the plaintiff’s workplace, and surrender firearms and firearms licenses. When children are involved, the court may also enter temporary custody orders and impose conditions affecting contact with the children. The statute permits additional forms of relief in appropriate cases, including certain financial relief for losses resulting from the abuse.
258E Harassment Prevention Orders
A 258E Harassment Prevention Order provides protection from qualifying harassment without requiring a family, household, or dating relationship between the parties. These orders may therefore apply to disputes involving neighbors, coworkers, acquaintances, classmates, strangers, or others who do not have the relationship required for a 209A order.
For many c. 258E cases, “harassment” requires three or more acts of willful and malicious conduct aimed at a specific person, committed with the intent to cause fear, intimidation, abuse, or property damage, and which actually cause one of those results. Massachusetts law also allows a 258E order based on certain specified serious acts or crimes, including stalking and certain sexual offenses, without requiring three separate acts.
A 258E order can prohibit abuse or harassment, prohibit contact, require the defendant to stay away from the plaintiff’s home or workplace, and order compensation for certain losses caused by the harassment. Unlike a 209A order, a 258E order is not a mechanism for deciding family-law issues such as child custody or support.
The distinction between these orders matters because each has different eligibility requirements and legal standards. Someone experiencing harmful conduct does not necessarily qualify for both, and determining the correct type of Massachusetts restraining order is an important first step.
How the Massachusetts Restraining Order Process Works
The Massachusetts restraining order process can provide immediate protection when necessary, followed by a hearing where both parties have an opportunity to be heard.
A person seeking a 209A Abuse Prevention Order or 258E Harassment Prevention Order generally begins by filing a complaint in the appropriate court. Depending on the circumstances, a judge may initially consider the request without the defendant present. If a temporary order is issued, the defendant must be given notice and an opportunity for a hearing within 10 court business days.
Ex Parte and Temporary Orders
A Massachusetts court may issue a temporary restraining order without advance notice to the defendant when the statutory standard for immediate protection is satisfied.
For a 209A order, the plaintiff must demonstrate a substantial likelihood of immediate danger of abuse. For a 258E order, the plaintiff must demonstrate a substantial likelihood of immediate danger of harassment. Because the defendant is not present for an ex parte hearing, the judge initially makes this determination based on the information presented by the plaintiff.
If the court issues a temporary order, its terms become enforceable against the defendant once the defendant has appropriate notice of the order. When courts are closed, Massachusetts law also provides a procedure for obtaining emergency protective orders through the police and an on-call judge in qualifying circumstances.
The 10-Day Extension Hearing
After a temporary order is issued, the court schedules a hearing within 10 court business days at which the defendant has an opportunity to appear and be heard.
At this hearing, the plaintiff must prove by a preponderance of the evidence that the applicable statute justifies continuing the order. Both parties may present relevant evidence, testify, call witnesses when appropriate, and challenge the other party’s evidence. The defendant has the right to be heard but is not required to testify or present evidence.
After the hearing, the judge may allow the temporary order to expire, modify its terms, or extend the order. An initial order issued after notice may remain in effect for up to one year. As the order approaches expiration, the plaintiff may request another extension. The court may then extend the order for an additional period or make it permanent if the case meets the applicable legal requirements.
Because the hearing after notice may determine whether substantial restrictions remain in place for an extended period, preparation and legal representation can be particularly important for both plaintiffs and defendants.
How to File for a Massachusetts Restraining Order
Filing for a Massachusetts restraining order generally involves submitting a complaint to the appropriate court and appearing before a judge to explain why you need protection.
The process differs somewhat depending on whether you are seeking a 209A Abuse Prevention Order or a 258E Harassment Prevention Order, particularly because the courts with jurisdiction are not identical. The basic process includes:
- Choose the appropriate court: You may generally file a 209A complaint in the District Court, Boston Municipal Court, Superior Court, or Probate and Family Court with appropriate venue. You may file a 258E complaint in the District Court, Boston Municipal Court, or Superior Court. However, when the defendant is under 18, the Juvenile Court has exclusive jurisdiction over 258E proceedings. The Probate and Family Court does not issue 258E Harassment Prevention Orders.
- Complete the required forms: The plaintiff files a complaint outlining the relationship between the parties, any relevant conduct, and the protection they seek. Additional forms may be required depending on the circumstances.
- Appear before a judge: If the plaintiff requests immediate protection, they may appear before a judge for an ex parte hearing. The judge may issue a temporary order if the circumstances meet the applicable statutory standard.
- Arrange for notice to the defendant: If the court issues an order, law enforcement generally serves the defendant with the order and notice of the next hearing. A plaintiff should not attempt to personally serve the defendant.
- Attend the hearing after notice: When the court issues a temporary order, it must provide the defendant with an opportunity to be heard within 10 court business days. The plaintiff must appear and demonstrate the legal basis for continuing the order.
When the parties already have an ongoing divorce, custody, paternity, or other family-law proceeding, filing a 209A case in Probate and Family Court may allow the same court department to address related issues. Massachusetts law also contains procedures for coordinating certain 209A orders issued by other courts with subsequent Probate and Family Court orders concerning custody, parenting time, or support.
If courts close and someone needs immediate protection, Massachusetts also allows individuals to request an emergency order through law enforcement and an available judge. The person seeking protection must then appear in court on the next available business day to complete the court process.
What to Do If You Have Been Served With a Restraining Order
If someone serves you with a Massachusetts restraining order, comply with every provision immediately and prepare carefully for the upcoming hearing. Follow the order even if you disagree with the allegations or believe the court should not issue it.
The court may issue a temporary order without giving you advance notice or an opportunity to present your side. The hearing after notice is generally your first opportunity to respond to the allegations. You can also contest whether the order should remain in effect.
If you have been served:
- Follow the order exactly: Read every provision carefully and comply with it immediately. Do not contact the plaintiff if the order prohibits contact. This applies even if the plaintiff contacts you first or says they will not enforce the order.
- Attend the hearing: Note the hearing date and appear as required. If you do not attend, the court may proceed without you. The court may also extend the order based on the evidence the plaintiff presents.
- Preserve relevant evidence: Save potentially relevant text messages, emails, photographs, social media communications, call records, documents, and other evidence. Do not alter or delete communications that may relate to the allegations.
- Prepare your response: Consider what testimony, witnesses, documents, or other evidence may be relevant to the allegations and the statutory requirements for the order.
- Comply with firearms requirements: If the order requires you to surrender firearms, ammunition, a license to carry, or a firearm identification card, follow those requirements precisely and within the time directed.
- Consult an attorney promptly: The time between service and the hearing may be short. An attorney can review the allegations and temporary order to identify the applicable legal standard. They can also help prepare evidence and represent you at the hearing.
Although a 209A or 258E proceeding is civil, the consequences of an order can extend beyond its immediate restrictions. Massachusetts maintains a statewide record-keeping system that includes protective orders. An order may also affect firearms rights. Depending on the circumstances, it may also affect related divorce or child custody proceedings. Violating certain provisions of an order can also result in arrest and criminal prosecution. The proper way to challenge an order is through the court. The defendant should continue to comply with the order’s terms. This obligation remains until the order expires or a judge modifies or terminates it.
How Restraining Orders Affect Divorce and Custody Cases
A Massachusetts restraining order can significantly affect a divorce or child custody case. This is particularly true when the order involves the parties’ children, the family home, or allegations of abuse.
A 209A Abuse Prevention Order can include temporary orders concerning custody and contact with children. Depending on the circumstances, a judge may award temporary custody to the plaintiff. The judge may also prohibit or limit the defendant’s contact with a child. Additionally, the court may establish other conditions necessary to protect the plaintiff or child. These orders can operate alongside an existing or subsequently filed divorce, custody, or paternity case.
Allegations and findings of abuse can also affect longer-term custody decisions. Massachusetts law requires courts deciding custody to consider the child’s safety and well-being. Courts must also consider how domestic violence affects the child. Under G.L. c. 208, § 31A, a finding of a pattern or serious incident of abuse creates a rebuttable presumption. This presumption means that certain custody arrangements with the abusive parent are not in the child’s best interests. These arrangements include sole custody, shared legal custody, and shared physical custody.
A restraining order does not, however, automatically determine the final outcome of a custody case. The legal standards and evidence applicable to the underlying family-law case still matter. The Probate and Family Court can address custody and parenting time as the case develops. When orders from different courts overlap, Massachusetts procedures allow the Probate and Family Court to issue certain orders. In certain circumstances, these orders can address custody, parenting time, or support. Such orders may supersede corresponding provisions of an existing 209A order.
These issues often arise as part of a broader Massachusetts divorce. Our Massachusetts child custody lawyers can assist with custody and parenting issues affected by allegations of abuse. When someone fails to follow an existing family-law order, contempt and enforcement proceedings may become relevant. However, violations of a restraining order can carry separate criminal consequences.
Contact Turco Legal for Your Massachusetts Restraining Order Case
Restraining order cases move quickly and can have significant consequences for both parties. These include the person seeking protection and the person responding to the allegations. An experienced Massachusetts restraining order lawyer can help you understand the applicable legal standard and prepare for the hearing. The lawyer can also help you present your position effectively to the court.
Turco Legal focuses exclusively on divorce and family law. Our Massachusetts attorneys represent clients seeking or defending against 209A Abuse Prevention Orders. They also advise clients about related protective-order issues in divorce, custody, and other family-law matters. A restraining order may overlap with an existing or anticipated divorce. In these situations, working with an attorney who understands both proceedings can be particularly important.
If you are considering seeking a restraining order, contacting an attorney promptly can help you prepare. The same applies if you have received a temporary order or have an upcoming hearing. An attorney can help you evaluate the allegations, preserve evidence, and prepare witnesses. They can also explain how the proceeding may affect related family-law issues.
To discuss your situation with our team, call us at (617) 657-4878 or schedule a free consultation online. You can also learn more about representation in divorce proceedings from our Massachusetts divorce lawyers.
Frequently Asked Questions
How Long Does a Restraining Order Last in Massachusetts?
The length of a Massachusetts restraining order depends on the type of order and the stage of the proceeding. A temporary ex parte order remains in effect until the hearing after notice. The court ordinarily schedules this hearing within 10 court business days.
After that hearing, a judge may extend a 209A Abuse Prevention Order or 258E Harassment Prevention Order. The extension may last for a specified period of up to one year. When an extended order approaches its expiration date, the plaintiff may request a further extension. Depending on the circumstances and applicable law, a court may extend an order for an additional period. The court may also enter a permanent order.
Can a Restraining Order Be Dismissed?
Yes. A Massachusetts court can terminate or vacate a restraining order. However, both parties must continue following the order until a judge changes or terminates it.
A plaintiff who no longer wants an order may ask the court to terminate it. However, the order does not automatically end if the plaintiff and defendant reconcile or agree to resume contact. A defendant may also have legal grounds to seek modification or termination of an order. The appropriate procedure depends on the type of order, its procedural history, and why the party requests relief.
What Happens if a Protective Order in Massachusetts Is Violated?
Violating certain provisions of a Massachusetts protective order can result in arrest and criminal prosecution. This can include violations of provisions requiring the defendant to refrain from abuse or have no contact with the plaintiff. Violations may also involve requirements to stay away from specified locations. They may also involve compliance with other criminally enforceable terms of the order.
A defendant must comply with the order as written, even if the plaintiff initiates contact or permits communication. Only the court can modify or terminate the order. Anyone who believes the terms should change must seek relief from the court rather than disregard the existing order.
Does a Restraining Order Go on Your Record in Massachusetts?
Yes. Massachusetts courts enter restraining orders into a statewide record-keeping system that courts and law enforcement use. The system also maintains records of orders that have expired or that the court has terminated. A restraining order is a civil order and does not, by itself, constitute a criminal conviction.
Courts generally restrict ordinary online public access to records in these cases. However, records involving adult parties may be available for inspection at the courthouse. Access remains subject to confidentiality protections and court orders restricting access. Violating certain provisions of a restraining order can also result in a separate criminal case.
Can a Restraining Order Affect Child Custody in Massachusetts?
Yes. A 209A Abuse Prevention Order can include temporary custody provisions and restrictions on a parent’s contact with a child. Additionally, allegations or findings of abuse can affect a related custody case.
Massachusetts courts must consider domestic violence when determining a child’s best interests. Under G.L. c. 208, § 31A, a finding of a pattern or serious incident of abuse creates a rebuttable presumption. This presumption applies against awarding sole custody, shared legal custody, or shared physical custody to the abusive parent. The existence of a restraining order alone, however, does not automatically determine the final custody arrangement.
About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
Damian Turco’s Bio Page | More Articles by Damian Turco
This page is for informational purposes only and should not be interpreted as legal advice. The law can change over time, and the information presented reflects the law as of the date this page was last reviewed. If you would like to understand how the law applies to your circumstances, schedule a consultation with a Turco Legal attorney by calling one of our offices or using the Schedule a Consultation link on this page.