Generally, a restraining order in Massachusetts must show that there is a substantial likelihood of immediate danger or abuse, that the Plaintiff would be in reasonable fear or imminent serious physical harm. If something is inappropriate and distressing it is not something that can meet the grounds for a 209A restraining order.
The vacate order would include but not require a threat or violence. It is much broader including looking at the health, safety, and welfare of the moving party or any of the children residing with the parties would be in danger or substantially impaired. It is a lesser standard than physical violence or the threat of physical violence. For example, in a 2023 appeals case JC versus AC in Masschusetts a judge found that the husband was discussing the divorce proceedings with the party’s minor child who was 6 years old at the time of the hearing and blaming the wife of the situation. The judge concluded that that posed a threat to the health, safety, and welfare of both the wife and the child. Although, there was some dispute they were saying that the judge had broad discretion to determine whether Temporary Order is necessary to protect the health, safety, or welfare of a party or minor child.