Boston Restraining Order Guide
A restraining order (sometimes referred to as a protective order or abuse protection order) is a legal order issued by a Massachusetts state court and provides protection from physical or sexual harm. And based on my experience, most
restraining orders are typically put in place against a member of the immediate family for domestic violence.
The Massachusetts Abuse Prevention Act (209A Protective Orders) makes it very clear that abuse that occurs more than once between family or household members meets the definition of abuse.
And the definition of abuse is as follows:
- Forcing a member of the family or household to have involuntary sexual relations
- Threatening physical harm to another member of the family or household
- An attempt at physical abuse - or actual physical abuse
The state even goes deeper with this act and defines who the state considers to be a "household" or "family member" - here's a more detailed look.
- A person whom you have dated
- A roommate you used to live with
- Your current or former spouse
- Your child’s other parent
- A person you are, or were, related to by marriage
- A blood relative
In Massachusetts, restraining orders are a civil complaint - and only reach a criminal status if the order is violated.
And the state offers two types of orders. One, a "No-Contact Order" which means just that. And two, a "No-Abuse
Order" which is granted when the persons involved still live in the same household.
Restraining orders can be obtained from three sources. The most common are in District Court and Probate Court (Family Court). And in rare instances, you can obtain a restraining order in Superior Court.
And the best part of seeking a restraining order is that you do not need an attorney. Granted, I assist my clients
regularly with seeking a restraining order as part of their divorce process, but you can ask for a restraining order all by yourself.
If you approach the District Court, there is usually a social worker available on-site that will assist you in requesting a restraining order. In fact, they'll be at your side throughout the entire process.
So take advantage of this service if you have been threatened or harmed by a member of your family of household. And
remember - I can help if you don't want to face this alone.
If you are are being abused, call me as soon as possible at (617) 273-5110 - or e-mail me
here.
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