Massachusetts Restraining Order, Harassment Prevention Order, & Abuse Prevention Order Attorney in Plymouth County

Restraining Orders Explained

Restraining orders are a legal measure put in place by a Massachusetts state court to provide protection to an individual who is suffering from abuse or harassment. There are two types of restraining orders: “Abuse Prevention Orders” and “Harassment Prevention Orders”. Attorney Kovach is a seasoned lawyer, with over a decade of experience representing clients in restraining order hearings, making sure your rights are protected and advocate for you.

Our website details the process for both kinds of restraining orders below.

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Abuse Prevention Order (209A Order)

Abuse Prevention Orders are commonly also referred to as a “restraining order”.  An abuse prevention order is a civil court order issued to protect someone from being abused by a family or household member. Family & household members are considered persons who:
  • are or were married to one another;
  • are or were residing together in the same household, including roommates;
  • are or were related by blood or marriage;
  • have a child together; or
  • are or have been in a substantive dating or engagement relationship.

How to Obtain an Abuse Prevention Order

If it’s during court business hours, an abuse prevention order is initiated at a court clerk office.  The person seeking the order fills out a complaint and supporting affidavit, which is then brought to a judge who will then preside over the hearing in your presence “ex-parte” (meaning without the accused being present).  A person is intitled to an ex-parte order if he or she can show that there exists a substantial likelihood of immediate danger of abuse.  If the order issues ex-parte, a further hearing is scheduled in approximately ten business days at which time the accused/defendant has the opportunity to be heard, and the judge can determine whether to extend the order. Law enforcement will attempt to serve the defendant with the order and notice of the hearing date.  The judge can also decline to issue an ex-parte order and simply continue the hearing to a date when both parties can have an opportunity to be heard.  If it is after court business hours, an ex-parte emergency hearing is conducted via phone with the assistance of law enforcement.  If the judge issues an emergency ex-parte order, typically the order is continued to the next court business day to be heard by a judge in court.

Common Questions Regarding Abuse Prevention Orders

What does the court consider abuse?

For the court to issue an abuse prevention order, the judge must find that the plaintiff is suffering from abuse by a family or household member.   Abuse is defined by M.G.L 209A as “the occurrence of one or more of the following acts between family or household members”:

(a) attempting to cause or causing physical harm;

(b) placing another in fear of imminent serious physical harm;

(c) causing another to engage involuntarily in sexual relations by force, threat or duress.”

What can the judge order?

A judge has some discretion regarding what can be ordered pursuant to M.G.L. 209A, including:  no contact and or abuse you or your child, stay away from you, your child, your home, place or work, or child’s school, temporary custody of minor children, vacate a premises, order temporary support and or compensation of monetary losses sustained as a result of the abuse, and order the surrender of the defendant’s firearms.

What to expect at a hearing?

Any non-emergent, non-ex-parte abuse prevention order hearing must give each party the opportunity to be heard, present evidence, and call witnesses.  At the close of presentation of the evidence, the judge will determine whether the plaintiff has met his or her burden that the issuance of the order in necessary to protect you and or your children from abuse.  Preparation and understanding of the law are essential to restraining order hearings.  Attorney Kovach has extensive experience preparing clients for restraining order hearings so their side of the story and supporting evidence is presented to the judge in the best light and in an organized fashion.

Harassment Prevention Order (258E Order)

Massachusetts allows anyone “suffering from harassment” to seek a harassment prevention order regardless of the relationship between the parties. Preparation and understanding of the law are essential to harassment prevention order hearings.  Attorney Kovach has extensive experience preparing clients for harassment prevention order hearings so their side of the story and supporting evidence is presented to the judge in the best light and in an organized fashion. 

You can request a harassment order from the court if you are suffering from harassment because either one or more the following occurs:

  • Someone has committed three or more harassing acts that were:
    • aimed at you, either directly or indirectly,
    • were willful and malicious in nature,
    • were intended to cause fear, intimidation, abuse, or damage to property
    • and does in fact cause fear, intimidation, abuse, or damage to property.
  • “Abuse” for the purpose of this section is defined as:
    • attempting to cause or causing physical harm; or
    • placing another in fear of imminent serious physical harm;
    • Someone has by force, threat or duress caused you to involuntarily engage in sexual relations, or ;
    • Someone has committed an act against you that violates one of the following criminal offenses; criminal harassment, criminal stalking, or enumerated sex crimes.

A petitioner who proves any one of the various forms of harassment qualifies for an order prohibiting the harassment.  An order can be obtained “ex-parte”, meaning without the other party present, if he or she can show that there exists a substantial likelihood of immediate danger of harassment.

Common Questions Regarding Harassment Prevention Orders

What can the Judge Order in a Harassment Prevention Order?

A judge can order that someone:
  • Not abuse or harass you,
  • Have no contact with you, either directly or indirectly,
  • Remain away from your home or workplace, and
  • Pay restitution to you for directly resulting losses

What can I Expect at the Harassment Prevention Order Hearing?

Any non-emergent, non-ex-parte harassment prevention order hearing must give each party the opportunity to be heard, present evidence, and call witnesses.  At the close of presentation of the evidence, the judge will determine whether the plaintiff has met his or her burden that the issuance of the order in necessary to protect the plaintiff from harassment.  Preparation and understanding of the law are essential to restraining order hearings.  Attorney Kovach has extensive experience preparing clients for restraining order hearings so their side of the story and supporting evidence is presented to the judge in the best light and in an organized fashion.

If you find yourself a party to a restraining order, Contact Attorney Tamari Kovach for a free consultation.

Law Office of Tamari Kovach

Email
Tamari@tamarikovachlaw.com

Phone
508-927-4529

Address
6 Main Street Extension Suite 604 Plymouth, MA 02360

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