WHAT IS A 209A ORDER?

An Abuse Prevention Order, called a "209A Order," or a "protective order," or "restraining order," is a civil court order intended to provide protection from physical or sexual harm caused by force or threat of harm from a family or household member. You can obtain an order against:

• a spouse or former spouse
• A present or former household member
• a relative by blood or a present or former relative by marriage
• the parent of your minor child
• a person with whom you have or had a substantial dating relationship.

WHAT IS THE LEGAL DEFINITION OF ABUSE?

Chapter 209A, The Massachusetts Abuse Prevention Act, defines abuse as:

• actual physical abuse, or
• an attempt to harm another, or
• placing another in fear of serious physical harm, or
• causing another to engage in sexual relations by force, threat of force or duress.

WHERE CAN I GET A 209A ORDER?

A 209A Order can be obtained in any District Court, Superior Court , or Probate and Family Court in Massachusetts. An emergency 209A Order can be obtained through any police department after court hours, on weekends and holidays. You do not need a lawyer to file for a 209A Order4 and there is no charge for filing.

HOW CAN I GET AN ORDER IN DISTRICT COURT?

Should you decide to go to a District Court for a 209A Order, you may go to the District Court in the area where you live or, if you have fled to another area to avoid abuse, you may go to the District Court in the area where you now live (Massachusetts Barnstable County Court Locations). Go to the Clerk's Office in the court and ask for a "protective order" or a "209A Order," You will receive a packet of forms to complete as an application for a protective order.

In some courts, there may be a Court Advocate from a local battered women's service agency to help you with the form. A Victim/Witness Advocate from the District Attorney's Office is also usually available for assistance and to discuss the option of filing criminal charges against your abuser. Ask someone at the Clerk's Office to direct you to the District Attorney's Victim/ Witness Office for help. You do not have to file criminal charges in order to obtain a 209A Order. However, criminal charges can be helpful in holding a batterer responsible for criminal acts committed against you . If there is a criminal violation, the Court can also require a batterer to obtain counseling or other treatment.

WHAT QUESTIONS ARE ASKED ON THE FORM?

On the application or complaint forms for a 209A order, you need to make a sworn statement (affidavit) describing the facts of any recent or past incidents of abuse. It is important to provide as much information about the abuser as possible. You must also disclose any other existing 209A Orders from any court or any Probate Court action you are involved in, including any divorce or child custody proceedings.

WHAT RELIEF CAN I ASK FOR ON THE APPLICATION?

You may request the judge to order that the abuser:

• stop or refrain from abusing you
• have no contact with you or a child in your custody
• vacate or move out of the house or apartment where you live.

You may also request the judge to order that you receive support and temporary custody of your children, if the abuser has a legal duty to support or shares custody. You may request payment for medical costs incurred due to injuries caused by the abuser and related loss of wages. You may ask that the abuser not contact you at work or at a relative's home, and that your new address be kept confidential from the abuser for your safety.

WHAT ABOUT CHILD CUSTODY AND VISITATION?

A 209A Order from a District Court can provide you with temporary support and custody of your minor children. Only the Probate and Family Court , however, can decide child visitation rights. A 209A Order from that court may be more helpful in dealing with abuse protection that also involves divorce, long term financial support, child custody and visitation issues. You may want to speak with a private attorney for Probate Court or call one of the legal services or victim's services listed on this brochure for an attorney referral list. Pro bono (free) or reduced fee legal services may be available.

WHAT HAPPENS NEXT?

After you have completed the 209A complaint or application forms, return them to the Clerk's Office and ask when the judge will hear the applications for protective orders. The Clerk's Office will tell you the time and courtroom location for your hearing.

At your hearing, the judge will ask why you need a protective order and will review your complaint or application forms and affidavit. The judge will be deciding whether it appears there is a substantial likelihood of immediate danger of abuse. He or she will probably ask you some clarifying questions. In some court's, a "209A Briefing Session " is held before the hearing and a Court Advocate or a District Attorney's Victim / Witness Advocate will explain the hearing process and be with you in the courtroom.

WHAT WILL THE JUDGE DO BEFORE SPEAKING WITH YOU?

The judge may grant or deny the 209A Order after speaking with you. If the judge grants the Order, you will receive a Temporary Order for up to ten days. A court date will be scheduled within 10 court days for you to return to court for a Permanent Order, which lasts for a year and can be renewed. Keep your copy of the Order with you at all times. The judge will also order the abuser to surrender all guns and gun permits he or she possesses.

The police will deliver (serve) a copy of the Order to your abuser and will keep a copy on file at the police station. It is important to provide the abuser's home, work, or other likely addresses so that the police can serve the Order as quickly as possible and provide the required notice of the next court date.

A violation of certain terms of a 209A Order (orders to vacate the premises, refrain from abuse and have no contact with you) requires that the police arrest your abuser.

A violation of a 209A Order, once the abuser has notice of the Order, is a criminal offense.

WHAT IS A TEN DAY HEARING?

The Ten Day Hearing requires that you return to the court on the date given on the Order. If you do not return to court, the Order will not be in effect after that date. The hearing offers the chance for both parties, you and the abuser, to come before the judge and offer information (evidence) as to why a permanent 209A Order, which lasts for one year, should or should not be granted. Bring any hospital records, photographs or police reports you may have for the judge to review. You may also bring a support person with you. The abuser may be present at the ten day hearing and may oppose the 209A Order . If the abuser is not present and has been served with the Order, the judge can still grant the Order for one year period.

WHAT HAPPENS AT THE END OF A YEAR OR END OF THE EFFECTIVE DATE?

If a 209A Order is issued by the judge for a year, you must return to the court for an extension of the Order at the end of that year or the Order will expire.

WHAT SHOULD YOU DO IF YOU WANT TO CHANGE THE TERMS OF THE ORDER?

Any changes in the Order before that date must be made with both you and the abuser appearing in the same court where the Order was first given. A request to change or amend the Order can be made at the Clerk's Office, and a hearing will be arranged before a judge.


CAN A MINOR OBTAIN A 209A ORDER?

A minor under 18 years old can obtain a 209A Order with some restrictions. Generally, a parent or guardian needs to be present, but the judge can decide to issue a 209A Order without a parent present if the minor appears to be in danger. In some cases, the Department of Social Services may offer assistance in gaining help for a minor. Many high schools and colleges also offer support groups for students in violent relationships. A parent may also obtain a protective order for his or her child.