How to Get a 209A Abuse Prevention Order in Massachusetts
Plain-language guidance on 209A Abuse Prevention Orders for survivors in Massachusetts.
Understanding 209A Abuse Prevention Orders in Massachusetts
What Is a 209A Order?
A 209A order, also called an abuse prevention order or “restraining order,” is a civil court order available in Massachusetts. It is meant to help protect people from abuse by a family or household member, a current or former intimate partner, or someone they live or lived with.
It is separate from any criminal charges. A judge can make orders about contact, safety, and certain practical matters, even if police have not laid charges.
Information here is general and based on Massachusetts procedures. Details and forms can change. For legal questions, it is usually safer to check directly with a local court, legal clinic, or community organization.
Who Can Apply for a 209A Order?
A person may usually apply for a 209A order if the other person is:
- a current or former spouse
- someone they live with or used to live with
- the other parent of their child
- a current or former dating or intimate partner
- a family member related by blood or marriage
In many situations, a parent or guardian can also apply on behalf of a minor child who needs protection.
Courts may ask for specific information about the relationship and what has happened. If it does not fit these categories, other types of protective orders might exist, but the process may be different.
Temporary (Ex Parte) 209A Order
When someone first goes to court, they may see a judge the same day. If the judge believes there is a reasonable fear of immediate danger, the judge may issue a temporary, or “ex parte,” 209A order without the other person present.
This temporary order usually lasts only until the next scheduled court date, often about 10 business days. The order is not final at this stage, and the other person has not yet had a chance to respond in court.
Service of the Order
After a temporary 209A order is issued, it must be “served” on the other person so they know about it and its conditions. Service is usually done by law enforcement or another authorized official, not by the person seeking protection.
Service normally includes giving the other person a copy of the order and notice of the date and time of the full hearing. The order is not fully enforceable against that person until they have been properly served, although the court and police may still act on the information they have.
Courts and police usually coordinate service. It is generally safer for the person seeking protection not to hand the papers to the other person directly.
The Full 209A Hearing
The full hearing (sometimes called a “return” or “ten‑day” hearing) is where both people may speak to the judge. Each side can:
- explain what has happened and any safety concerns
- bring documents, photos, or other information, if available
- ask for changes to the temporary conditions
After listening to both sides and reviewing any information, the judge decides whether to:
- end (dismiss) the order
- continue and possibly change the order
- set how long the order will last
Types of Relief a Survivor May Ask For
Within a 209A case, someone asking for protection can request several kinds of “relief” (protections). A judge decides which to grant based on the information and the law. Common requests include:
- No contact and stay‑away orders – that the other person:
- not contact them in any way (in person, phone, text, email, social media, or through others)
- stay a certain distance away from them, their home, work, or school
- Vacate order – that the other person be ordered to leave a shared home and not return, even if their name is on the lease or deed.
- Firearms and weapons – that any firearms, ammunition, or firearms license held by the other person be taken or suspended as allowed by law.
- Custody and parenting time – temporary decisions about who children live with and if, or how, the other person may see them, if it is considered safe.
- Support orders – temporary child support or, in some cases, spousal support, where legally available.
- Payment for losses – orders for the other person to pay certain costs related to the abuse, such as medical bills, property damage, or lost wages, when the court finds it appropriate.
- Other conditions – limits on substance use around children, ordered surrender of keys, or other terms the judge finds necessary for safety.
The judge may not grant every request. The specific relief ordered will depend on the facts, available laws, and the judge’s assessment of safety and need.
How Long a 209A Order Can Last
At the first full hearing, a judge often sets the order for a specific period, commonly up to one year. Before it expires, the protected person may return to court to ask for an extension.
At an extension hearing, the judge may:
- let the order expire
- extend it for more time (for example, another year)
- in some situations, make it permanent, if the law and facts support that decision
Expiry periods and renewal decisions are case‑specific. Keeping a copy of the order and its expiration date in an easy‑to‑find place can help with planning and, if needed, asking for an extension before it ends.
For more information on support and safety planning options, including services that may be able to explain local court processes in more detail, you can review resources listed at DV.Support.