In a Restraining Order or what is also called a 209A Abuse Prevention Order there is a burden that there is a substantial likelihood of immediate danger or abuse with part of the definition being that the defendant has caused or attempted to cause physical harm, committed a sexual assault, or placed the plaintiff in reasonable fear of imminency or physical harm. That is a much higher burden on a Restraining Order than a Motion to Vacate.

The Motion to Vacate in Massachusetts under 34B does not say that a threat of violence must occur just the health, safety, or welfare of the moving party or the minor child(ren) residing with the parties would be endangered or substantially impaired the court’s failure to enter an Order to vacate.