In Massachusetts a restraining order which is commonly referred to as a 209A Protective Order is a court issued document that clearly outlines what a party is refrained from doing or certain acts that are prohibited or required. Restraining orders are approved by a judge making it enforceable in other states despite the various laws. There are two types of basic restraining orders that can be filed against someone.
No contact order – The most common requirement of a protective order is that the individual the order was filed against must not make any type of physical contact with the named party. Usually, the person who files for a restraining order is a victim of domestic violence, harassment or stalking so the purpose of the protective orders is to prevent the individual that poses a threat from having any physical interaction with them or any verbal communication.
Some basic requirements of a no contact order include:
- The individual is not allowed to text, email, write or even communicate via online chat with the named individual.
- That person must not enter the person’s residence (even if they currently share the home) or their person of employment.
- Not allowed to come within 10 feet to 100 yards of the person.
- The offender is not allowed to own or possess a firearm or to sell marital property.
- In some cases the offender is not permitted to have any type of contact with the children.
An no contact order may also come with other stipulations that require the offender to take certain actions.
- The offender could be held responsible for caring for the family financially by making mortgage payments or paying off the car note.
- It may be required for the offender to attend mandatory counseling.
- The offender could also lose their rights to control jointly shared property such as vehicles and bank accounts.
Abuse Prevention Order – An abuse prevention order protects an individual from physical or sexual harm. This type of protective order allows the offender to have contact with a you but that person is prohibited from:
- Causing or attempting bodily harm
- Forcing an individual to participant in sexual relations either by threat, duress or force.
Sometimes a no contact restraining order can be combined with a abuse prevention order. An 209 A Protective Order can be filed against anyone who is a threat to an individual’s safety whether it’s a boyfriend, girlfriend or family member.
In many cases the alleged abuser views a restraining order as just a piece of paper. Sometimes they may even feel that the protective order was unjustified. It’s important to know that violating any requirements of a restraining order is a criminal offense that can result in both hefty fines and prison time. If you or someone you know has violated a restraining order in the Massachusetts you should contact us immediately. In criminal defense cases you will need the help of an aggressive attorney who is experienced in successfully fighting criminal cases.
Attorney Briones has over twenty years of experience in handling restraining order violation cases. Come in today so that we can develop a defense strategy for your case.