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Types of Restraining Orders in Massachusetts

In Massachusetts, two primary types of court orders are issued to protect individuals from harassment, abuse, and other harmful behaviors - the 209A Abuse Prevention Order and the 258E Harassment Prevention Order. The 209A order specifically addresses domestic violence situations, protecting individuals from family or household members. 

Conversely, the 258E order offers protection against harassment from anyone, regardless of relationship status. Each serves a distinct purpose within the legal framework, providing tailored protection based on the nature of the threat.

Legal Requirements for Each Type

For a 209A order, the plaintiff must demonstrate a familial or intimate relationship with the defendant and provide evidence of abuse, which includes causing physical harm, attempting to cause physical harm, placing the plaintiff in fear of imminent serious physical harm, or causing the plaintiff to engage involuntarily in sexual relations by force, threat, or duress. 

The 258E order requires proof of three or more acts of willful and malicious conduct aimed at a specific person that seriously alarms or annoys them and would cause a reasonable person to suffer substantial emotional distress.

Temporary vs. Permanent Orders

Temporary restraining orders, or ex parte orders, can be issued without the defendant present, providing immediate protection for up to 10 business days. These are granted based on the plaintiff's sworn statement and any evidence presented. Permanent orders, which can last up to one year for 209A orders or up to three years for 258E orders, require a full hearing where both parties can present evidence and testimony before a judge makes a final determination.