Frequently asked questions about Domestic Violence

What is the legal definition of abuse?

Chapter 209A, the Massachusetts Abuse prevention Act, defines abuse as the occurrence of one or more of the following 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 is an Abuse Prevention Order?

An Abuse Prevention Order, called a "209A Order," or a "protective order," or a "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.

Who is a family or household member?

Chapter 209A, the Massachusetts Abuse Prevention Act, defines family or household members as persons who:

a) are or were married to one another;
b) are or were residing together in the same household;
c) are or were related by blood or marriage;
d) having a child in common regardless of whether they have ever married or lived together; or
e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts, by considering the following factors:

the length of time of the relationship;
the type of relationship;
the frequency of interaction between the parties; and
if the relationship has been terminated by either person, the length of time elapsed since the the termination of the relationship.

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. Should you decide to go to the District or Superior Court to obtain a 209A Order you may go the respective court in the area where you live or, if you have fled to another area to avoid abuse, you may go to the respective court in the area you have now taken up residence.

Go to the Clerk's Office in the court and ask for a "protective order," or a "209A Order," or "restraining order." You will receive a packet of forms to complete, which is your application for a protective order.

I live in Watertown, which court can I go to?

Waltham District Court 38 Linden Street, Waltham, MA. Tel. 781-894-4500

Cambridge Superior Court (3rd District) 40 Thorndike Street, Cambridge, MA. Tel. 617-494-4000

The court is closed, how do I get a 209A Order?

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 make application for a 209A Order and there is no charge for filing. Be sure to call the police department which has jurisdiction over the area you reside in.

Will a restaining order send my abuser to jail?

When the court issues a 209A restraining order it is a civil action. It is intended to protect you from future abuse. It is not a criminal action and will not punish someone for what they may have already done to you. By itself, a 209A order will not cause anyone to go to jail.

What happens if my abuser violates the 209A Order?

Once a 209A Order is issued, violation of any terms of the order is a criminal offense. The police must arrest the abuser if they believe or can see that the terms of the Order were violated. If you do not call the police, you may be able to file an application for criminal complaint on your own at the Clerk's Office in the District Court. A Victim/Witness Advocate can assist you with that process.

It is recommended that if your abuser violates the Order, call the police immediately.

How will my abuser find out about the restraining order?

The police department will be given a copy of the restraining order which they will give to your abuser. This is called "service."

How much does a restraining order cost?

There is no cost to obtain a restraining order.

Do I need a lawyer?

No. You do not need a lawyer to file for a 209A restraining order, but an attorney may represent you if you choose.

How can I protect myself?

Develop a safety plan that includes an escape plan for you and your children should a violent incident occur. During an incident, try to move away from an area or room where access to weapons might increase your risk, such as the kitchen, or where you can be trapped or easily injured.

Call the police or leave the house as soon as possible after an abusive incident. The police will respond and stay with you until you are safe or in a safe place. The police will also help you seek medical treatment, if needed. Dial "9-1-1" when there is an emergency, Watertown has Enhanced 911 and your address will automatically appear on the police dispatch screen

Be alert when leaving the courthouse. If you have any reason to believe your abuser may be waiting for you, please ask someone in the District Attorney's Office or Court Advocate to help. A police officer may be able to escort you to your car.

Inform the police of any guns or other weapons the abuser may keep in the house. Guns or weapons will be ordered turned over to the police by the judge, along with any License to Carry Firearms or Firearms Identification Card.

Consider changing the locks on your home. The judge can order the abuser to turn over any and all keys to your home and/or car. Keep an extra set of keys in a safe place.

Inform your neighbors if a 209A Order is in place. Encourage them to call the police if they see or suspect that something is wrong.

Make copies of important papers and keep them in a safe place. Make a list of the things you need to take with you. i.e., birth/medical records, marriage license, check/bank books, credit cards, medications.

Keep emergency money and extra clothing for yourself and your children in a safe place or with someone you trust. Include a few toys and favorite things for the children.

Keep the victim's service agency number handy for emergency shelter and for support groups. You do not have to leave an abuser or have a 209A Order to attend the support groups. Information and support in making decisions are important.

Get medical attention as you may be injured more seriously than you realize. Go to a hospital emergency room or your private doctor as soon as possible for treatment. Ask for a copy of the treatment record.

Have pictures taken of your injuries and bruises at the hospital, police department, shelter or District Attorney's Office.