Information provided by SAFEPLAN

WHAT IS A 209A ORDER?
An Abuse Prevention Order, called a "209A Order," or a "protective order," or "restraining order," is a civil court order intended to provide protection from physical or sexual harm caused by force or threat of harm from a family or household member. You can obtain an order against:

• a spouse or former spouse;
• a present or former household member;
• a relative by blood or a present or former relative by marriage;
• the parent of your minor child;
• a person with whom you have or had a substantial dating relationship.

WHERE CAN I GET A 209A ORDER?
A 209A Order can be obtained in any District Court, Superior Court, Boston Municipal Court or Probate and Family Court in Massachusetts.

An emergency 209A Order can be obtained through any police department after court hours, on weekends and holidays.

You do not need a lawyer to file for a 209A Order and there is no charge for filing.

HOW CAN I GET AN ORDER IN DISTRICT COURT?
Should you decide to go to a District Court for a 209A Order, you may go to the District Court in the area where you live, or, if you have fled to another area to avoid abuse, you may go to the District Court in the area where you now live. Go to the Clerk's office in the court and ask for a "protective order" or a "209A Order." You will receive a packet of forms to complete as a application for a protective order. In Worcester County, there is a SAFEPLAN Advocate from a local battered women's service agency to help you with the forms. A Victim/Witness Advocate from the District Attorney's Office is also usually available for assistance and to discuss the option of filing criminal charges against your abuser. Ask the SAFEPLAN Advocate or someone at the Clerk's Office to direct you to the District Attorney's Victim/Witness Office for help. You do not have to file criminal charges in order to obtain a 209A Order. However, criminal charges can be helpful in holding a batterer responsible for criminal acts committed against you. If there is a criminal violation, the Court can also require a batterer to obtain counseling or other treatment.

WHAT QUESTIONS ARE ASKED ON THE FORM?
On the application or complaint forms for a 209A Order, you need to make a sworn statement (affidavit) describing the specific facts of any recent or past incidents of abuse. It is important to provide as much information about the abuser as possible. You must also disclose any other existing 209A Orders from any court or any Probate Court action you are involved in, including any divorce or child custody proceedings.

WHAT RELIEF CAN I ASK FOR ON THE APPLICATION?
You may request the judge to order that the abuser:

• Stop abusing you by harming, threatening or attempting to harm you physically, or placing you in fear of imminent serious physical harm, or by using force, threat or duress to make you engage in sexual relations unwillingly;
• Have no contact with you and/or your children;
• Vacate or move out of the house or apartment where you live;
• Stay away from your workplace, schools or day care;
• You may also request the judge to order that you receive support and temporary custody of your children, if your abuser has a legal duty to support or shares custody. You may ask that your new address be kept confidential from the abuser for your safety.

WHAT ABOUT CHILD CUSTODY AND VISITATION?
A 209A Order from a District Court can provide you with temporary support and custody of your minor children. Only the Probate and Family Court, however, can decide child visitation rights. A 209A Order from that court may be more helpful in dealing with abuse protection that also involves divorce, long term financial support, and child custody and visitation issues.

You may want to speak with a private attorney for Probate Court or call the Lawyer Referral Service of the Worcester Bar Association or Legal Assistance Corporation of Central Massachusetts.

WHAT HAPPENS NEXT?
After you have completed the 209A complaint or application forms, return the forms to the clerk, who will tell you the courtroom location for your hearing. At your hearing, the judge will ask why you need a protective order and will review your complaint or application forms and affidavit. The judge will be deciding whether it appears there is a substantial likelihood of immediate danger of abuse. He or she will probably ask you some clarifying questions. If the judge grants the order, you will receive a Temporary Order for up to ten court days. A court date will be scheduled for you to return to court for a Permanent order, which lasts for up to a year and can be renewed. Keep your copy of the order with you at all times. The police will deliver (serve) a copy of the order to your abuser and will keep a copy on file at the police station. It is important to provide the abuser's home, work, or other likely addresses so that the police can serve the order as quickly as possible and provide the required notice of the next court date. A violation of certain terms of the 209A Order (orders to vacate the premises, refrain from abuse and have no contact with you) requires that the police arrest your abuser.

A violation of a 209A order, once the abuser has notice of the order, is a criminal offense.

WHAT IS A TEN DAY HEARING?
The Ten Day Hearing requires that you return to the court on the date given on the order. If you do not return to court, the order will not be in effect after that date. Please call the court if you will be late. The hearing offers the chance for both parties, you and the abuser, to come before the judge and offer information (evidence) as to why a permanent 209A Order, which lasts for up to one year, should or should not be granted. Bring any hospital records, photographs or police reports you may have for the judge to review. You may also bring a support person with you. The abuser may be present at the ten day hearing and may oppose the 209A Order. If the abuser is not present and has been served with the order, the judge can still grant the order for up to one year period.

WHAT SHOULD YOU DO IF YOU WANT TO CHANGE THE TERMS OF THE ORDER?
You may file at any time to have your order changed or vacated. Any changes in the order to add additional terms before that date must be made with both you and the abuser appearing in the same court where the order was first given. A request to change or amend the order can be made at the Clerk's Office, and a hearing will be arranged before a judge.

CAN A MINOR OBTAIN A 209A ORDER?
A minor under 18 years old can obtain a 209A Order with some restrictions. Generally, a parent or guardian needs to be present, but the judge can decide to issue a 209A Order without the parent present if the minor appears to be in danger. In some cases, the Department of Social Services may offer assistance in gaining help from a minor. School counselors or police may bring the child in for a restraining order. Many high schools and colleges also offer support groups for students in violent relationships. A parent may also obtain a protective order for his or her child.

WHAT HAPPENS IF THE ORDER IS VIOLATED?
Once the 209A Order is issued, violation of certain terms of the Order is a criminal offense. Violations of orders to refrain from abuse, to have no contact, and to vacate a household, multiple family dwelling or workplace, can be prosecuted criminally under chapter 209A. If the abuser violates the order, call the police immediately. Show the Order to the police and explain how it was violated (a punch, slap, threat; entering your house or apartment and refusing to vacate; or, any contact with you at home or your workplace, either in person, by telephone, mail, or by a third party). The police must arrest the abuser if they believe or can see that the terms of the Order were violated. If you do not call the police, you may be able to file an application for a criminal complaint on your own at the Clerk's Office in the District Court. A SAFEPLAN Advocate or Victim/Witness Advocate can assist you with the process.

If you put yourself in contact with the abuser, he is vulnerable to arrest. Therefore, if you want any terms of the order to no longer apply, you should return to court and ask that the order be modified or vacated.

WHAT HAPPENS IF AN ARREST IS MADE?
If the abuser is arrested, seek assistance from the Victim/Witness Advocate in the District Attorney's Office the next morning after a nighttime arrest or at any time during the day at the courthouse. A Victim/Witness Advocate will explain what the charges mean and what will happen next. The Advocate will also offer ongoing information, referral for services and case updates throughout the time.

WHAT CRIMES CAN BE CHARGED?
In addition to the crime of violating a 209A Order, an abuser can be charged with a number of other crimes committed at or near the time of the violation, some of which may include:

• Assault (G.L. c. 265, Section 13A), which is an attempt or offer to do bodily injury by force or violence or attempt to batter.
• Assault and Battery ( G.L. c. 265, Section 13A), which is a harmful or unpermitted touching of another, no matter how slight, without a legal right to do so.
• Assault and Battery by Means of a Dangerous Weapon ( G.L. c. 265, Section 15), which is a battery with a dangerous weapon, such as a baseball bat, a shod foot, a knife or other object either inherently dangerous or used in a way that may cause serious injury or death to another.
• Threats (G.L. c. 27, section 4), which are verbal or written threats to do harm which a victim reasonably believes the abuser can commit.
• Trespassing ( G.L. c. 266, section 120), which is entering or remaining in a house or on land in violation of a 209A Order.
• Malicious Destruction Of Personal Property (G.L. c. 266, section 127), which is the destruction of or injury to personal property, a house or building in a manner that is willful and malicious.
• Stalking (G.L. c. 265, section, 43 (a)), which is the willful, malicious and repeated following or harassing of an individual and the making of threats with the intent to place that person in imminent fear of death or serious bodily injury. The penalties are greater for a conviction of a stalking crime committed in violation of a 209A Order.

WHAT HAPPENS AFTER AN ARREST?
Once a criminal complaint has been issued or an arrest made, the abuser will be charged with the crime or crimes at an arraignment proceeding in the District Court. A bail hearing will be held to determine whether the defendant/abuser will be released from custody, the court must make a reasonable effort to notify you of the release, even if you are not present in court.

WHAT HAPPENS AT THE ARRAIGNMENT?
It is important to provide information to the Assistant District Attorney before the arraignment and bail hearing regarding the history of the abuse and a description of the most recent abuse, including any pictures or hospital records of injuries. You should also mention the location of any guns or other weapons that you believe the abuser has in his or her possession. The Assistant District Attorney will bring this information to the attention of the judge, along with your safety concerns and fears at this time. The judge may also consider whether the defendant/abuser should be jailed until trial; or, if the defendant/abuser is to be released, what the bail and conditions of bail will be. The Assistant District Attorney represents the Commonwealth of Massachusetts in prosecuting the case, and works with the Victim/Witness Advocate to address your interests and assist you during trial.

WHAT HAPPENS AFTER THE ARRAIGNMENT?
Interviews will be held with you before the trial, to gather information and evidence for prosecution. Every effort will be made to consider your needs and safety in going forward with the case. The safety of your children will also be a priority. Prosecution may provide the means to gain batterer's intervention services for the defendant/abuser as part of a sentence recommendation. Very few batterers seek or stay with these services on their own, without court orders and probation supervision. An Assistant District Attorney will speak with you about different sentences that can be imposed if the defendant/abuser is found guilty by a judge or jury or pleads guilty. The sentence asked for may include drug or alcohol counseling, required attendance at a batterer's intervention program, supervised probation and/or jail time.

Text of the 209-A Law