What Is a 209A Restraining Order in Massachusetts?

By Attorney Mark J. Clifford, Esq. | Updated April 2026 | Free Consultation 24/7

A 209A restraining order — formally called an Abuse Prevention Order — is one of the most powerful legal tools in Massachusetts family law and criminal law. It can be obtained in a matter of hours and, if violated, results in immediate criminal arrest. Whether you've been served with a 209A or need help understanding one, this guide explains everything about how they work in Massachusetts.

What Is a 209A Restraining Order?

A 209A order (named after M.G.L. c.209A) is a civil restraining order issued by a Massachusetts court to protect a person from abuse by a family or household member. It can order the respondent (the person restrained) to:

Refrain from abusing the protected person
Vacate and stay away from the family home — even if you own it
Stay away from the person's workplace, school, or other location
Have no contact — phone, text, email, social media, or through third parties
Surrender firearms and firearm identification card
Pay temporary support or child support

Who Can Get a 209A Order in Massachusetts?

A 209A can only be issued between parties who have a "substantial dating or engagement relationship" or who are:

Married or formerly married
Related by blood or marriage
Parents of a shared child
Cohabiting or formerly cohabiting

For protection against non-household members (neighbors, coworkers, strangers), a different order — a Harassment Prevention Order (258E) — applies.

How Is a 209A Order Obtained?

Any person can walk into any Massachusetts District or Superior Court (or Probate Court for divorce cases) and file for a 209A without advance notice to you. A judge reviews the petition and can issue a temporary order the same day. You're then served with the order and summoned to a ten-day hearing where you have the right to contest the order with Attorney Clifford's help.

What Happens at the 10-Day Hearing?

The ten-day hearing is your most critical opportunity to contest the order. Both parties appear before the judge. Attorney Clifford can:

Cross-examine the petitioner about the alleged abuse
Present witnesses who contradict the petitioner's account
Introduce text messages, social media, and other evidence
Challenge the petitioner's credibility and motive
Argue that the legal standard for a 209A has not been met

If the judge agrees, the order is vacated. If extended, Attorney Clifford then pursues modification or dissolution at the next review date.

Consequences of Violating a 209A Order

Violating a 209A restraining order is a criminal offense in Massachusetts — not just a civil matter. A violation can result in:

Immediate arrest
Criminal charge under M.G.L. c.209A §7 — up to 2.5 years in jail and $5,000 fine
Revocation of bail in any pending criminal case
Federal firearms prohibition under 18 U.S.C. §922(g)(8)

Even "friendly" contact at the request of the protected person is a violation of the order — and the police will still arrest you. Never violate a 209A order, even if the other person asks you to reach out.

Facing Charges in Massachusetts?

Attorney Mark J. Clifford is available 24/7 across all Massachusetts courts. Call now for a free, confidential consultation.

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Frequently Asked Questions

Can I fight a 209A restraining order in Massachusetts?

Absolutely. The ten-day hearing is specifically designed to give you the opportunity to contest the order. With Attorney Clifford representing you, you can challenge the petitioner's credibility, present contradicting evidence, and argue that the 209A standard has not been met.

Does a 209A restraining order go on my criminal record?

A 209A order itself is a civil matter and does not appear on your criminal record. However, if you violate the order and are charged criminally, that conviction does appear on your record. The order also appears in the state's restraining order registry, which law enforcement can access.

Can a 209A order be used against me in a divorce or custody case?

Yes. A 209A order can significantly impact divorce proceedings and child custody determinations. Courts consider active restraining orders in parenting plan decisions. Attorney Clifford addresses this dimension of your case to protect your parental rights.

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Mark J. Clifford

Massachusetts Criminal Defense Attorney — 15+ years experience, 500+ cases defended, licensed in all Massachusetts courts and a member of the Massachusetts Bar Association.

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