Understanding 209A Abuse Prevention Orders in Massachusetts
If you live in Brockton or anywhere in Massachusetts and have just been served with a restraining order, you may be feeling shocked, confused, and afraid. A piece of paper handed to you by the police can change almost every aspect of your life: your home, your children, your job, and even your freedom.
In Massachusetts, restraining orders are called 209A Abuse Prevention Orders. They are civil court orders, but they carry very real criminal consequences. If you violate the terms of a 209A order, even by accident, you can be arrested and prosecuted.
This post will explain what 209A orders are, how they work, the penalties for violating them, and what you should do if you find yourself facing one. As a Brockton criminal defense lawyer, I represent people every day in restraining order hearings and related domestic violence cases. Understanding the law is the first step in protecting yourself.
What is a 209A Abuse Prevention Order?
A 209A Abuse Prevention Order is a court order designed to protect someone who claims to be the victim of abuse by a family or household member. These orders are authorized under Massachusetts General Laws Chapter 209A.
A 209A order can be issued by:
District Court (including Brockton District Court)
Superior Court
Probate & Family Court
The person asking for protection is called the plaintiff or petitioner. The person against whom the order is sought is the defendant.
Importantly, a 209A order is a civil order. That means the case itself is not a criminal charge. However, if you violate any condition of the order, that violation is a separate crime punishable by jail time and other consequences.
Who Can Seek a 209A Order?
Not every dispute qualifies for a 209A order. The law is limited to people with certain types of relationships. Under Chapter 209A, a “family or household member” includes:
People who are or were married to each other
People who are or were living together
People who are related by blood or marriage
People who have a child in common, regardless of whether they were ever married or lived together
People who are or were dating, or who have been engaged in a “substantive dating relationship”
This definition is broader than many people expect. A 209A order isn’t just for spouses — it can be sought by ex-boyfriends or girlfriends, roommates, or co-parents. In Brockton Probate & Family Court, it’s common to see 209A requests tied to child custody disputes.
How Does Massachusetts Define “Abuse”?
The word “abuse” has a specific meaning in Massachusetts law. Under G.L. c. 209A, §1, abuse means:
Causing or attempting to cause physical harm
Placing someone in fear of imminent serious physical harm
Forcing another to engage in sexual relations by force, threat, or duress
Coercive Control: A New Development in 2024
In September 2024, Massachusetts expanded the definition of abuse to include coercive control. This change was designed to cover non-physical forms of abuse that can still be devastating.
Examples of coercive control include:
Isolating someone from friends, family, or work
Controlling finances and limiting access to money
Using technology to monitor or track someone
Making threats to harm pets, children, or loved ones
Repeatedly intimidating or humiliating a partner
This addition means that more people may now qualify for a 209A order, even without allegations of physical violence.
How 209A Orders Are Issued
Ex Parte Orders (Same-Day Orders)
In many cases, a person can walk into Brockton District Court and apply for a restraining order the same day. The judge may hold a short hearing without notifying the defendant. If the judge believes the plaintiff is in danger, the court can issue a temporary order on the spot.
The 10-Day Hearing
If an ex parte order is issued, the court will schedule a 10-day hearing. This is the defendant’s chance to appear in court, tell their side of the story, and contest the order. At this hearing, both sides can present evidence and witnesses.
Extensions and Renewals
A 209A order may last for up to one year. At the expiration date, the plaintiff can ask the court to extend the order for another year, or sometimes indefinitely. Defendants need to show up at these hearings to oppose renewal if they want the order to end.
What Can a Judge Order Under 209A?
A Massachusetts judge has broad authority when issuing a 209A order. Some of the possible conditions include:
No contact: You cannot call, text, email, or contact the plaintiff in any way.
Stay away: You may be ordered to stay a certain distance away from the plaintiff’s home, work, or school.
Vacate order: You may be forced to move out of your home immediately.
Custody/visitation: The judge may issue temporary custody orders affecting your children.
Financial support: In some cases, the court may order temporary child support or financial support.
Firearms: You will be required to surrender all firearms, ammunition, and your license to carry (LTC or FID card).
For many defendants in Brockton, the firearms surrender is one of the most painful parts of the order. Even if you are a licensed gun owner with no criminal history, a 209A order means your LTC is suspended and your guns must be surrendered to police.
Police and Court Enforcement
Massachusetts law requires aggressive enforcement of 209A orders. Under G.L. c. 209A, §6, police officers must arrest a defendant if they have probable cause to believe a violation has occurred.
This means that even if the plaintiff doesn’t want you arrested, the police are obligated to take action. For example:
If you send a text saying “I want to see the kids,” and that violates a no-contact order, the police can arrest you immediately.
If you run into the plaintiff at a grocery store and say hello, that could be considered a violation.
In short, the burden is on the defendant to strictly follow the order, no matter how inconvenient or unfair it feels.
Criminal Penalties for Violating a 209A Order
Violating a restraining order is a criminal offense under G.L. c. 209A, §7. The penalties include:
Jail time of up to 2.5 years in the House of Correction
Fines of up to $5,000
Probation with strict conditions
Mandatory Batterer’s Intervention Program (also called an intimate partner abuse education program)
Judges take violations very seriously. Even minor or technical violations can lead to arrest, prosecution, and a criminal record.
Defenses to a 209A Order
As a defense lawyer, I see many 209A orders that are based on exaggerated or false claims. Common defense strategies include:
Challenging the relationship requirement — if the plaintiff doesn’t qualify as a “family or household member,” they are not entitled to a 209A order.
Challenging the abuse definition — not every argument or unpleasant interaction meets the legal definition of abuse.
Highlighting ulterior motives — sometimes restraining orders are sought in the context of a divorce or custody dispute, to gain leverage.
Lack of evidence — at the 10-day hearing, the plaintiff must provide credible evidence. If they cannot, the judge may deny or terminate the order.
Having an experienced attorney can make the difference between being forced out of your home under a year-long order or having the case dismissed.
Collateral Consequences Beyond the Courtroom
The impact of a 209A order goes far beyond the courtroom. Consequences can include:
Firearms rights: Your LTC or FID card is automatically suspended, and you must surrender all guns and ammunition.
Employment: Some employers may terminate or discipline employees subject to restraining orders.
Immigration status: For non-citizens, restraining orders can complicate immigration proceedings.
Family law: Restraining orders often affect child custody and visitation decisions.
Housing: Being forced out of your home can cause financial and logistical hardships.
How a Brockton Criminal Defense Lawyer Can Help
If you have been served with a restraining order in Brockton or anywhere in Massachusetts, you should take it very seriously. A lawyer can:
Represent you at the 10-day hearing and present your side of the story
Cross-examine the plaintiff and challenge weak or false claims
Work to modify or terminate unfair orders
Defend you against any alleged violations
Protect your rights in related criminal cases (domestic assault, strangulation, intimidation)
In Plymouth County courts, including Brockton District Court and Brockton Probate & Family Court, restraining orders are common — but that doesn’t mean they’re automatic. A strong legal defense can stop an unfair order from disrupting your life.
Related Topics
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Conclusion
A 209A abuse prevention order is not just a civil document. It is a powerful legal tool that can remove you from your home, take away your gun rights, and land you in jail if you make the wrong move.
If you have been served with a restraining order in Brockton, don’t go into court alone. You need an experienced defense lawyer who understands how these cases work and how to protect your rights.
Call to Action:
If you’ve been served with a 209A restraining order in Brockton or anywhere in Massachusetts, call Benzaken, Maguire, Sheehan & Wood, LLP today. Our experienced criminal defense attorneys are ready to fight for you in court. Contact us now for a free consultation.