This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Massachusetts Legal Guide on Restraining Orders and No Contact Orders: A Comprehensive Overview When it comes to protecting individuals from potential harm or domestic violence, the state of Massachusetts has established a well-defined legal framework that includes the issuance of restraining orders and no contact orders. This Legal guide aims to provide a detailed description of these orders, their types, and how they can be obtained to ensure personal safety. 1. Restraining Orders in Massachusetts: Restraining orders, commonly referred to as abuse prevention orders or 209A orders, are legal mandates intended to safeguard and deter any potential harm from occurring to an individual. These orders can be requested by victims of domestic violence, harassment, sexual assault, or anyone who feels threatened by another party. Massachusetts recognizes several types of restraining orders: a. Emergency Restraining Orders: When immediate protection is needed, an emergency restraining order can be obtained after presenting a convincing case to a judge. These orders are valid for up to 10 business days, offering a temporary buffer against the alleged abuser. b. Temporary Restraining Orders: Upon expiration of an emergency restraining order, victims can apply for a temporary restraining order. This order grants protection for a longer period, usually up to 10 business days, during which a court hearing is scheduled to determine the necessity for a permanent order. c. Permanent Restraining Orders: Permanent restraining orders, lasting up to one year, are typically issued after a court hearing where both parties can present their cases. The court then decides whether a longer-term order is required to protect the safety and well-being of the victim. 2. No Contact Orders in Massachusetts: No contact orders exist to prevent further contact and harassment between individuals involved in legal proceedings, such as criminal cases, divorce proceedings, or child custody battles. These orders aim to maintain safety, minimize intimidation, and safeguard the rights of parties involved by restricting contact through various means: a. Domestic Relations No Contact Orders: In situations involving domestic relations, the court may issue a no contact order to safeguard the individuals involved. These orders prohibit contact between spouses, former spouses, family members, or individuals who share a child. b. Criminal No Contact Orders: When a person faces criminal charges, especially in cases related to assault, harassment, or stalking, the court can impose a criminal no contact order. This order restricts any form of communication, including physical presence, calls, texts, emails, or social media interactions between the parties involved. c. Harassment Prevention Orders: If an individual feels harassed and threatened by someone, whether they have a close relationship, a harassment prevention order can be obtained. These orders prohibit any contact, criminal harassment, or stalking of the petitioner. Obtaining Restraining and No Contact Orders in Massachusetts: To obtain restraining orders or no contact orders in Massachusetts, individuals need to approach their local district court or municipal court and complete the necessary paperwork. It is advisable to consult an attorney or seek legal aid for guidance throughout the process. The court will review the presented evidence and may schedule a hearing to make a final determination on the requested order. Ensuring personal safety is of utmost importance, and the Massachusetts Legal Guide on Restraining Orders and No Contact Orders aims to provide individuals with a comprehensive understanding of their rights and options. Remember, seeking professional legal advice is always encouraged to navigate the complexities of the legal system and maximize the protection these orders offer.
