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Help for Domestic Violence Victims

RESTRAINING ORDERS

What is a restraining order?
A restraining order, generally speaking, is a command from a court telling an abuser not to abuse you, not to contact you, and to stay away from you. Violation of the order to stay away from you and not to contact you or abuse you is a criminal offense, punishable by a fine and up to two and one half years in the House of Correction. The court can also order other conditions, discussed in "What the Order Covers," although violations of these orders may not be considered a criminal offense.

Who is eligible?
You may file a petition for an Abuse Prevention Order against a current or former spouse, current or former household member, the parent of your child(ren), a relative by blood or marriage, or anyone with whom you have had a substantial dating relationship. You can get protection whether or not you are currently living with the abuser.

What does the order cover?

  1. No Abuse: the abuser is ordered not to cause or attempt to cause you physical harm, place you in fear of imminent serious physical harm, and not to cause you to engage in sexual relations against your will. This order also applies to your minor children.
  2. No Contact: the abuser is ordered not to contact you or your minor children in person, by telephone, mail, e-mail, fax, or through another person.
  3. Stay Away: the abuser is ordered to stay away from your home, school and/or workplace. If the abuser lives with you, he must leave the home.
  4. Temporary Custody and Support of Minor Children: the court may award you temporary custody of a minor child, and order the abuser to pay temporary support if he is legally obligated to do so.
  5. Financial Compensation: the court may order the abuser to pay you financial compensation for losses directly resulting from the abuse.
  6. Confidentiality: at your request, the court may order that your home address and the name and address of your or your children's school and/or workplace be kept condidential so the abuser will not have access to them.
When and where is the order valid?
A restraining order is valid as soon as a judge issues it, but a violation of a restraining order cannot be prosecuted unless the abuser knew about the order. For this reason, when you apply for a restraining order, if the abuser is not present, it is very important that you provide the court and/or the police with any information you have that will help them find the abuser and give him or her the order. If the order is violated, you should also tell the police and prosecutor anything that leads you to believe the defendant knew about the order. Regardless of what court you obtain it in, the restraining order is valid throughout Massachusetts, and in most other states, until the expiration date listed on the order. If you move out of Massachusetts, some states may require you to register the order with your local police department.

How do I get a restraining order?

During Business Hours
If you live in Suffolk County, call or visit the Victim Witness Advocate in the District Attorney's Office in your local courthouse. The Victim Witness Advocate will help you complete an application for a restraining order and appear with you before the judge. It is important that you include information in your application about where the abuser can be found to make sure police and court staff can deliver the order to the abuser in person. If the judge finds that your abuser has caused or attempted to cause you physical harm or placed you in fear of imminent serious physical harm, the judge will give you a temporary restraining order. The temporary restraining order lasts only ten days, at which time another hearing will be held so that the abuser has an opportunity to be heard. Keep a copy of the restraining order with you at all times.

During Non-business Hours
After court hours, on weekends or court holidays, call or visit your local police station, which will contact a judge who is on call twenty-four hours a day to help you get an emergency restraining order. The judge may ask to speak directly with you, or ask you to write a statement aobut why you need a restraining order. This type of restraining order expires on the next day your local court is open for business, so if you obtain this type of order, you will need to go to court the next business day to obtain a temporary restraining order, described above.

The Ten Day Hearing
At the ten day hearing, the abuser has a right to be present and speak to the judge. If the abuser does not appear, the hearing will still be held and the judge may extend the order for one year. You must appear or the order will automatically be dismissed.

What do I do if the order is violated?

  1. Call the police. Tell them you have a restraining order and that the abuser has violated the order. Tell them you need help right away.
  2. Take the name of the person you speak to at the police station, as well as the names of the officers who come to your home.
  3. Ask the police to assist you and your children until you are safe.
  4. Ask the police for assistance with medical treatment, including transportation to a hopsital if necessary.
  5. Make sure the police write an incident report, even if no arrest is made. You have a right to obtain a free copy of this report.
  6. Violation of a restraining order is an arrestable offense. If the abuser has left the area, give police as much information as possible about him so they can find him, inluding his name, physical description, any addresses he frequents, the make and model of his car and license plate number, and a photograph.


Domestic Violence Unit contents.