How To Get A Restraining Order In Massachusetts

A Massachusetts restraining order (also referred to as an abuse prevention order or 209A order) is a judicial directive issued by the court to restrict an individual's ability to contact, approach, or communicate with another party. Courts issue these orders to prevent abuse, harassment, or threats of physical harm, especially in domestic or family settings. The legal authority for these orders is provided under Massachusetts General Laws Chapter 209A (Abuse Prevention) and Chapter 258E (Harassment Prevention), which define qualifying conduct and outline petition procedures.

Once issued, a restraining order becomes part of Massachusetts civil court records, where it is documented within the court's official filings and indexed for case management. Courts may reference these records in conjunction with other civil proceedings.

Types Of Restraining Orders in Massachusetts

Massachusetts law provides for several types of restraining orders, each designed to address specific threats or harmful conduct:

• Abuse Prevention Orders (209A Orders) are issued to protect individuals from abuse, threats, or coercive control by a current or former spouse, co-parent, family member, or someone in the same household.
• Harassment Prevention Orders (258E Orders) apply when no domestic relationship exists between the parties. They are granted in cases involving repeated malicious acts, stalking, intimidation, or sexual assault that cause emotional distress or fear for safety.
• Extreme Risk Protection Orders (ERPOs), also known as red flag orders, allow for the temporary removal of firearms from parties deemed a risk to themselves or others.

Are Restraining Orders Public Records In Massachusetts?

Yes, restraining orders in Massachusetts are generally part of the public court record and are typically accessible to employers, landlords, and the general public. Court filings and proceedings are presumed open, making the existence of an order discoverable through case searches.

However, access is not absolute. Courts may redact or impound specific information when necessary to protect privacy or prevent harm, especially in cases involving minors, sexual assault, or credible safety concerns. Identifying details of the protected party may be withheld, and judges have the discretion to seal records or portions of them when justice or safety demands it. Although the order itself may remain visible, sensitive affidavits and personal data can be shielded from public view to reduce risk to the individuals involved.

How To Lookup Restraining Orders In Massachusetts

Some options for looking up restraining orders in Massachusetts include:

• In-person courthouse search
• MassCourts online portal
• Law enforcement systems
• Additional resources such as involved parties, serving agencies, or authorized third-party sites.

Parties should note that the court may restrict access to sealed, impounded, or sensitive records.

Can You Look Up a Restraining Order Online?

Yes. Many Massachusetts courts provide access to online case information through the MassCourts portal; however, remote access for the general public is limited, depending on the case type. For matters involving abuse prevention or harassment orders, the system typically displays only basic case information such as the docket number, filing date, and scheduled hearings. Actual filings, restraining order documents, affidavits, and personal details are not viewable online.

There is no statewide database that allows public name-based searches for restraining orders. Police departments typically access and enforce active restraining orders through the centralized Massachusetts Registry of Civil Restraining Orders. This internal system contains real-time data for official use but remains entirely closed to the public. Individuals named in an order may obtain further case details only by submitting a formal request to the issuing court or, in some instances, through the agency that served the order. While some third-party websites compile information on restraining orders, these platforms often present fragmented, outdated, or inaccurate data.

How To File A Restraining Order In Massachusetts

Interested and eligible persons may file a Massachusetts restraining order in the following steps:

Step 1: Determine the Order Type and Complete Forms

The process begins by selecting the correct restraining order category based on the respondent's relationship and the nature of the harm. The Abuse Prevention Order applies when the respondent is a current or former spouse, household member, dating partner, or relative, and there is a threat or act of harm. The Harassment Prevention Order applies when the respondent is not in a close or domestic relationship but has engaged in repeated acts of abuse, intimidation, or harassment. Next, parties should complete the appropriate form:

• Abuse Prevention Order (G.L. c. 209A Application Forms)
• Harassment Prevention Order (G.L. c. 258E Application Forms)
• Extreme Risk Protection Order (ERPO Petition Packet)

Step 2: File at the Appropriate Court

Submit the completed forms at the proper division of the District Court, Boston Municipal Court, or Probate and Family Court. The clerk assigns a case number and schedules a court hearing-usually within ten business days. A temporary restraining order may be granted the same day to provide immediate protection until the hearing.

Step 3: Serve the Respondent

A law enforcement officer or approved process server will take copies of the court documents to the defendant. The server completes a Certificate of Service and files it with the court.

Step 4: Attend the Hearing

Appear in court on the assigned date. Both parties may present evidence. The judge will determine whether to issue a final order and specify its terms and duration.

Can You File A Restraining Order For No Reason In Massachusetts?

No. A restraining order cannot be filed in Massachusetts without a valid basis. Under Mass. Gen. Laws ch. 209A, § 7, a judge must evaluate whether "a threat of bodily injury exists to the petitioner" before issuing a protection order. The court also conducts a domestic violence record search to assess the respondent's history. This requirement ensures that orders are granted only when credible threats or a history of past violence justify legal protection.

What Proof Do You Need For A Restraining Order In Massachusetts?

To obtain a restraining order in Massachusetts, a petitioner must show evidence of abuse, harassment, or threats per Mass. Gen. Laws ch. 209A (for abuse prevention) or ch. 258E (for harassment prevention).

Proof Required for a Temporary Order

Courts may issue a temporary order based solely on the petitioner's affidavit if it shows a credible risk of harm or abuse. The judge may also consider any available evidence demonstrating a threat to safety.

Proof Required for a Long-Term Order

At the hearing, both parties may present testimony and evidence. Common types include:

• Police reports or 911 call logs
• Text messages, emails, or written threats
• Photos of injuries or damage
• Medical records
• Eyewitness or victim testimony

How Long Does It Take To Get A Restraining Order In Massachusetts?

The timeline for issuing a restraining order varies by the type of request and the circumstances:

• Emergency Order: In urgent situations, police can obtain an emergency protective order via Phone: (Emergency Judicial Response System). This order takes effect immediately, often on the same day.
• Temporary (Ex Parte) Order: When filing at court, the petitioner may get a temporary restraining order that lasts up to 10 business days. The judge usually decides on the same day and sets a full hearing within ten business days.
• Restraining Order After Hearing: A hearing is usually held within 7 to 10 days, and the final order is issued immediately if granted.

How Long Does A Restraining Order Last In Massachusetts?

The expiration of restraining orders varies by type:

• Emergency Order: Often issued by police or a judge outside business hours. It typically expires within 5 to 7 days or on the next business day after the court.
• Temporary Order: Granted at the time of filing and usually remains in effect for up to 10 business days until the return hearing takes place.
• Final Order (Post-Hearing): Typically granted for up to one year at the initial hearing. After that, it may be extended annually or made permanent if the court determines that there is an ongoing risk.

Before expiration, the petitioner may request renewal from the court that issued the order. The court may extend the order for additional time or make it permanent if ongoing protection is warranted. If not renewed, the order will expire and become no longer enforceable.

How Much Does A Restraining Order Cost in Massachusetts?

In Massachusetts, the cost of obtaining a restraining order is generally low and, in many cases, entirely waived. Abuse and harassment prevention orders filed in Probate and Family Court are available at no charge. This includes certified copies and service of process. Filings related to domestic or sexual violence are also exempt from fees. As a result, most victims face no financial barrier when seeking court-ordered protection.

However, in Superior Court, a $90 fee may apply for issuing a restraining order. Additional costs may arise if extra certified copies are requested or if a private process server is used.

Can You Cancel A Restraining Order In Massachusetts?

Yes. Once issued, only the court can modify or terminate a restraining order. Neither the petitioner nor the respondent may privately change or disregard it. Either party may request cancellation or modification by following these steps:

Filing

• File a written request with the court that issued the order, using the appropriate form, such as the Plaintiff's Motion or the Defendant's Motion to Modify or Terminate Abuse Prevention Order.

Service and Notice

• Serve the motion and hearing notice on the other party.

Court Hearing and Decision

• At the hearing, the judge reviews both sides.
• Petitioners must show proof that protection is no longer necessary.

If granted, the court updates law enforcement records accordingly.