If you are at the point in your life where getting a restraining order is necessary, you are going through a tremendously difficult and tumultuous time. Unfortunately, sometimes restraining orders are necessary to keep us and others safe. However, there is often confusion about how to go about getting one. If you need to know more, our Westborough restraining order lawyers are here to help you understand how to get a restraining order and protect your safety.

What Is a Restraining Order?

A restraining order is a court order designed to protect individuals from physical or sexual harm or threats of harm. In Massachusetts, we break restraining orders out into two categories based on your relationship to the individual you want to be protected from. The first type of restraining order is called a “209A Order,” or an “Abuse Prevention Order.” This legal safeguard is limited to someone whom you have specific types of relationships with, and can apply to:

• A current or former spouse
• Individuals you currently or previously lived with (doesn’t have to be family)
• Relatives by blood or marriage (current or former)
• The parent of your child (regardless of marital or cohabitation history)
• Someone with whom you’ve had a significant dating relationship

If the person you need protection from doesn’t fall into one of these categories, you can request a “258E Order, or, a “Harassment Prevention Order.” A Harassment Prevention Order can protect you from someone who is harassing, stalking, or sexually assaulting you regardless of your relationship with them.

A restraining order works by legally mandating the abuser to stop abusive behavior and adhere to specific restrictions. Such as:

• Ceasing all abuse and threats
• Avoiding any contact with the victim
• Staying away from the victim’s home, school, or workplace
• Surrendering firearms and firearm identification cards
• Granting the victim temporary custody of minor children and financial support

How to Get a Restraining Order in Massachusetts

There are two ways to get a restraining order in Massachusetts. The first way would be to go to your local probate and family court for Abuse Prevention Orders, or the local district court for Harassment Prevention Orders. Each court will require you to prepare and file necessary paperwork for the complaint. Once all the required information and paperwork has been gathered, a judge will review the filing and can grant a temporary restraining order which provides immediate relief from the harassment and abuse. Police will attempt to serve the defendant a copy of the order, and a review hearing will be scheduled within 10 days to determine if the order should be extended.

If the courts are closed and the situation is an emergency, you can call or go to your local police department. The police will obtain the required information from you and then call a judge to have the order granted. If the judge grants the order, you will receive a copy and the police will give you instructions on how to contact the court regarding the review hearing.

At the review hearing, both parties will be allowed to provide evidence and testimony relating to the extension or expiration of the temporary order. The order can also be amended based on the facts presented to the court. If the judge grants an extension for the order, the order will say how long it will last and when the next review hearing will take place.

Who Should Get a Restraining Order?

If you feel unsafe or unable to protect yourself or your family without legal intervention, obtaining a restraining order may be a critical step. Getting a restraining order is a deeply personal decision and should be considered on a case-by-case basis, with the unique circumstances of each individual in mind. However, if you are experiencing abuse and have already made attempts to stop it—whether through conversation, confrontation, or other means—and the abuse continues, seeking outside help becomes necessary.

A restraining order can be a crucial step in stopping abuse and ensuring safety. For those in abusive relationships, it can be used to protect themselves and, if applicable, their children. Domestic violence is not always easy to recognize, as it can take many forms, including physical, emotional, mental, sexual, financial, and verbal abuse. These forms of abuse can have long-lasting effects on both the victim and their family, and effectively addressing them can require getting a restraining order.

How Do I Obtain a Restraining Order?

In Westborough, you can obtain a restraining order through any district, superior, or probate and family court. If court is not in session, emergency orders are available through local police departments, including after hours and on weekends. To apply, you’ll need to:

• Complete a sworn statement (affidavit) detailing recent or past incidents of abuse.
• Provide specific information about the abuser, such as their work, address, phone number, date of birth, and social security number, to ensure effective enforcement.

What Happens if the Person Does Not Respect the Restraining Order?

Depending on the situation, you may have reason to believe that the person against whom the restraining order is imposed might not respect the restraining order. You might have serious concerns that getting a restraining order might anger or agitate the person and cause them to want to violate it. Fortunately, there are things that you can do.

First, you should know that violating a restraining order can be a criminal offense, and can carry a prison sentence up to 2.5 years. For many people, they will be deterred from contacting you because they could be arrested. The fact that violating a restraining order is a criminal matter will be explained to them when the order is issued or extended.

However, police will not surveil you while the restraining order is in place. What this means is that the police will not necessarily know if the order has been violated. If the order is violated, contacting the police immediately is crucial. Sometimes, the person who got the restraining order may feel bad about contacting the police or have a change of heart; it is important to call the police right away.

Additionally, you should carry the order at all times and inform neighbors, employers, and childcare providers of its terms to enhance safety. They can be on the lookout and avoid unknowingly helping the person violate the restraining order.

If you have a restraining order against you, you must comply with the terms of the order at all times, even if the protected party is the one attempting to breach the terms. It is not uncommon in divorce or custody cases for a restraining order to be issued protecting one parent or spouse, and the protected party initiates activities with the other person that would violate the restraining order. If you are ordered not to communicate with the protected party, do not communicate with the protected party, even if they reached out first.

Contact Our Westborough Restraining Order Lawyers Today

Because the stakes in a restraining order case can be high, having legal representation can be highly beneficial. A lawyer can guide you through the process, ensure that all necessary paperwork is filed correctly, and represent you in court. They can also help you understand your legal rights and provide advice on how to best present your case to the judge. Additionally, if the respondent hires an attorney or contests the restraining order, having your own legal counsel can be essential in securing the protection you need. Our experienced Westborough restraining order lawyers can advocate on your behalf, ensuring that the court understands the severity of the situation and the need for immediate protection.