Frequently asked Questions about a Restraining order:
- Posted by Alexander Nesson
- On February 13, 2020
Who can get a Restraining Order (209A) Order in Massachusetts?
The Judge can only issue a restraining order where the Plaintiff and the Defendant were married to one another; where they are living together; live in the same household; they are related by blood or marriage; have a child together; have been in a substantive dating relationship or engagement relationship. If they do not have any of those, they can file what is called “Harassment Order” which is under the law 258e.
What is the Definition of an Abusive in a Restraining Order in Massachusetts?
In Massachusetts for a Judge to issue a restraining order he/she has to find abuse; which is defined as:
- Attempting to cause or causing physical harm;
- Placing another in fear of imminent serious physical harm;
- Causing another to engage involuntarily in a sexual relationship by force, threats or duress.
If the Judge does not find any of these have taken place, he/she cannot issue the restraining order.