Restraining Orders in Massachusetts:
- Posted by Alexander Nesson
- On October 10, 2019
What is a Restraining Order? Is it a Civil Case or a Criminal Case?
In Massachusetts a Restraining Order or Harassment Prevention Order is not a criminal case in terms of the Order itself, yet a violation of the Order would be considered a crime.
Restraining Order Violations are Considered Misdemeanors under and handled in District Court.
The penalty can be up to 2 ½ years in jail and up to a $5,000 fine with a possibility of conditions such as a Batterers Intervention Program. A Batterers Intervention Program can be something that can take up to 4o weeks with about 2 hours per week.
What is part of the Restraining Order?
Restraining Orders are Civil Orders they are not criminal. The person who requested the restraining order is called the Plaintiff and the person who the Order is being taken out against is called the Defendant. There are a variety of conditions that can be involved including no contact with the Plaintiff; vacating the residents if the Plaintiff lives there; stay away from the Plaintiff’s home or work; refrain from abuse of the Plaintiff. There can be custody of minor children; that can be granted visitation or no visitation with the children; surrendering firearms to the police; being ordered maintain utilities and sometimes other bills and there may be other provisions as well.