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How do I get a restraining order in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Massachusetts' protection scheme centers on Chapters 209A and 258E.

1. Types of Protective Orders

  • 209A Abuse Prevention Order — Mass. Gen. Laws c. 209A.
  • 258E Harassment Prevention Order — Mass. Gen. Laws c. 258E (non-family stalking, sexual assault, harassment).
  • Extreme Risk Protection Order (ERPO) — G.L. c. 140 § 131R.
  • Workplace violence — pursued via 258E.
  • No specific elder protection order — abuse handled through 209A or APS.

    • 2. Eligibility

    209A requires "family or household member" (c. 209A § 1): current/former spouses, persons residing together, related by blood or marriage, persons with a child in common, current/former dating or engagement relationships. 258E requires no relationship.

    3. Filing

    File in District, Probate & Family, Boston Municipal, or Superior Court. No filing or service fee for 209A or 258E (c. 209A § 3). Statewide forms via Trial Court (mass.gov).

    4. Emergency / Ex Parte

    Same-day review. Standard: "substantial likelihood of immediate danger of abuse" (c. 209A § 4). After-hours emergency orders available by phone from on-call judge under c. 209A § 5. Ex parte order lasts up to 10 court days until full hearing.

    5. Full Hearing

    Held within 10 days. Preponderance standard. Defendant must be served personally. Both parties may present testimony, exhibits, witnesses; counsel optional.

    6. Permanent Order Duration

    Up to 1 year initially (c. 209A § 3); may be extended for additional periods, including permanent under c. 209A § 3(c). Renewal does not require new acts of abuse.

    7. Enforcement

    Violation is misdemeanor under c. 209A § 7 (up to 2.5 years house of correction, $5,000 fine); mandatory minimum first-offense conditions including batterer's intervention program. Arrest mandatory on probable cause of violation (c. 209A § 6(7)). Firearm/FID/LTC suspension under c. 209A § 3B; federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Vacating

    Either party may motion to modify or vacate; defendant must show changed circumstances (c. 209A § 3).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Defendant has hired counsel for the 10-day hearing
    • Custody, child support, or vacation of the residence is being decided
    • LTC/FID firearm authorization or police-officer career is at stake
    Related Statutes & Laws
    • Mass. Gen. Laws c. 209A
    • Mass. Gen. Laws c. 258E
    • Mass. Gen. Laws c. 140 § 131R
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.