How to Get a Massachusetts Restraining Order
Known in Massachusetts as a 209A, a restraining order prohibits a person from doing something to another person. Typically, the order prohibits the other person from contacting the complainant in any way. A person who has been abused, harassed, threatened or is in fear of being hurt by a relative or domestic partner can obtain the order to stop the threatening behavior. Obtaining a restraining order makes law enforcement officials aware of the situation and creates a record of the problem.
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Instructions
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Go to the district attorney's office at your local courthouse. Be sure you have proper identification with you. Ask to speak with a victim's advocate, and notify the advocate that you want to obtain a restraining order.The advocate will help you fill out all necessary forms and accompany you to appear before a judge. Include with your application a personal statement detailing the events that prompted you to seek the order. Identify the person who has threatened you and give court officials as much information as you can about him or her.
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Answer any questions the judge might have during your hearing. The judge will review the information and decide whether to grant you a temporary restraining order. The temporary order is only effective for 10 business days. Once the order is issued, a law enforcement officer will serve the restraining order on the defendant. At the end of the temporary period, another court hearing will be held during which the complainant can contest the order.
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Attend the 10-day hearing once the temporary order expires. The alleged abuser may be present and will have an opportunity to tell his or her side of the story. If he or she is not present, the judge may still opt to extend the order. If you do not show up, the order automatically will be dismissed.
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Be prepared to present any documentation of the abuse or threats as well as witnesses who can substantiate the abuse in court. The judge will hear all sides of the story then decide whether to extend the order.
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Tips & Warnings
Keep a copy of the temporary and permanent order with you at all times. You may want to make multiple copies to have at home, at work and any place you frequent. An attorney can be helpful in the process, but you do not have to have legal representation to obtain a restraining order. There is no charge to apply for a restraining order in Massachusetts.
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