A 209a protective order, commonly known as a restraining order, is governed by Massachusetts General Law Chapter 209a and is a court order that protects a victim from being abused by a household member or former household member, family member, a girlfriend or boyfriend, or a person that has a child/children in common with the victim. A 209a protective order can be granted ex parte.
https://www.masslegalhelp.org/domestic-violence/wdwgfh/chapter6-209a-protective-orders
Under 209a Section 3, protective orders serve many purposes; prohibits the defendant from further abusing the victim, orders the defendant from contacting the victim without authorization, and orders the defendant to vacate or refrain from entering the household for a period of time. Temporary custody of minor children may be awarded to the victim. And in some cases, a defendant may have to surrender licensed firearms.
It is important to note, when a victim files for a 209a protective order, this is a civil action not a criminal action. However, if the victim reports a crime perpetrated by the defendant, such as assault, the defendant may be arrested and charged. Furthermore, once the 209a protective order is issued and the defendant violates the terms of the order, they may incur criminal liability.
Click the link below to read the entire statute:
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209A
Click the link below to set up a free initial consultation with our team of experienced attorneys:
https://yourlegalrightsadvocates.com/contact-us/
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