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 USLegal Guide on Restraining Orders and No Contact Orders
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US-GDE-09
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FAQ
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
An emergency order is available through any police department after court hours and on weekends. A sworn statement (affidavit) describing the facts of a recent or past incident(s) of abuse is required on the application or complaint form for a restraining order.
In Massachusetts, while a restraining order is a civil order, it appears on your criminal record permanently.
You can request that the defendant be ordered to have no contact with you. This means that the defendant: Must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is listed on the order. Can't contact you in any way.
A Harassment Prevention Order issued at a 10 day hearing can be in effect for up to one year. If you go to court on the date when the extended order is set to end, you can ask the court to extend the order for whatever additional time is reasonably necessary to protect you or to make a permanent order.
The abuse prevention law (Chapter 209A) is designed to protect victims from abuse. The abuse prevention law allows victims to ask for a court order to protect them. This is sometimes called a 209A order, abuse prevention order, restraining order, or protective order.
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
Restraining order violations are misdemeanors and are handled in the district court. The penalty is up to 2.5 years in jail and/or a fine of up to $5,000.00, plus the batterer's program and any other probation conditions the court orders. What can constitute a restraining order violation?