Understanding Restraining Orders in Massachusetts
Restraining orders are serious court orders that restrict one person’s ability to contact or come near another. In Massachusetts, there are two main types: 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. While both serve to protect individuals, they are used in different circumstances and carry different legal standards. Understanding the distinction is critical if you have been served with one and need an experienced criminal defense attorney.
209A Abuse Prevention Orders
A 209A restraining order—often called a domestic abuse prevention order—is available to people who have a specific type of relationship with the defendant. This includes current or former spouses, people who live together, those who share a child, relatives by blood or marriage, or people who have or had a significant dating relationship. A judge may issue a 209A order if the plaintiff shows they have been physically harmed, placed in fear of imminent serious physical harm, or forced into sexual relations. These orders may require the defendant to leave a shared home, stay away from the plaintiff, and surrender firearms.
258E Harassment Prevention Orders
A 258E order—commonly known as a harassment prevention order—applies in situations where there is no qualifying domestic relationship. Instead, it can be used against co-workers, neighbors, acquaintances, or even strangers. To obtain a 258E order, the plaintiff must show they were subjected to three or more acts of willful and malicious conduct aimed at them, intended to cause fear, intimidation, abuse, or property damage. In certain cases, one incident involving sexual assault, stalking, or threats may also be enough.
Can False Accusations Lead to an Order?
Many people are surprised to learn that a restraining order can sometimes be issued based on one person’s testimony alone. Judges may grant temporary orders “ex parte,” meaning without the defendant present, if they believe there is a credible risk of harm. While most people who seek restraining orders do so for genuine safety concerns, false accusations can and do occur. Situations involving contentious breakups, custody disputes, or personal conflicts may sometimes lead to one party exaggerating or fabricating claims in order to gain leverage.
What to Do If You Are Served With an Order
If you are served with a restraining order, it is essential to take the matter seriously. Violating the order, even unintentionally, is a criminal offense in Massachusetts. The first step is to read the order carefully and strictly follow all its terms. Next, consult with a criminal defense attorney as soon as possible. You will have the opportunity to contest the order at a court hearing, often within ten days of the initial temporary order. At that hearing, you can present evidence, call witnesses, and challenge the credibility of the allegations against you.
Defending Against False Claims
Defending against false accusations requires preparation and legal strategy. Your attorney may gather text messages, emails, social media posts, or witness testimony that contradicts the accuser’s claims. If the allegations are vague or lack supporting evidence, the judge may decline to extend the order. While false claims do happen, Massachusetts judges are experienced at evaluating credibility and weighing evidence. Presenting a clear, well-prepared defense is the best way to ensure fairness.
Protecting Your Rights and Reputation
Being accused of abuse or harassment, even falsely, can have long-term consequences for your reputation, employment, and family relationships. A restraining order may appear in background checks and affect your ability to own firearms. Taking immediate action with the help of an attorney can help protect your rights and limit the impact on your future.
Taking the Next Step
If you are facing a 209A abuse prevention order or a 258E harassment prevention order, do not take the situation lightly. Even temporary orders can carry significant consequences, and defending yourself effectively requires knowledge of Massachusetts law. Whether you are dealing with genuine allegations or false claims, consulting with an experienced criminal defense attorney is the most important step you can take. Contact our office today to discuss your case and learn how to protect your rights.
