Massachusetts Restraining Order Laws (2026): How to Get a Protective Order

In Massachusetts, victims of domestic or family abuse can seek a Chapter 209A Abuse Prevention Order, while anyone experiencing harassment or sexual assault can seek a Chapter 258E Harassment Prevention Order regardless of relationship. A final order under either statute lasts up to one year and is renewable.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Massachusetts

Massachusetts operates two distinct civil protective order statutes that serve different populations.

The Chapter 209A Abuse Prevention Order is for people who have experienced abuse from a family member, household member, or intimate partner. Abuse under 209A includes attempting to cause or causing physical harm, placing the person in fear of imminent serious physical harm, or causing the person to engage in sexual relations by force, threat, or duress.

The Chapter 258E Harassment Prevention Order is available to any person who is a victim of harassment, regardless of whether they have any relationship with the harasser. Under 258E, "harassment" means three or more acts of willful and malicious conduct aimed at a specific person that seriously alarm or annoy that person and would cause a reasonable person to suffer substantial emotional distress. A single act of sexual assault, indecent assault and battery, or certain other criminal offenses also qualifies for a 258E Order.

Because the statutes serve overlapping but distinct situations, it is important to understand which one applies to your circumstances before filing.

Who can get a restraining order in Massachusetts?

For a 209A Order, the petitioner must have a qualifying relationship with the abuser. Eligible relationships include:

• Current or former spouses
• People who currently reside or formerly resided together in the same household
• People related by blood or marriage
• People who share a child in common
• People who are or were in a substantive dating or engagement relationship (courts consider the length of the relationship, the type of relationship, how frequently the parties interacted, and how much time has passed since the relationship ended)

For a 258E Order, no relationship with the harasser is required. Any person suffering from harassment as defined by the statute may petition. This includes victims of workplace harassment, stalking by a stranger or acquaintance, and sexual assault by anyone.

Minor children may be included as protected persons in either type of order.

How to file for a restraining order in Massachusetts

For a 209A Order, petitioners may file at:

• Any District Court in the jurisdiction
• Boston Municipal Court
• Probate and Family Court (recommended if a divorce or custody case is pending in that court)
• Superior Court

For a 258E Order, petitioners may file at District Court, Boston Municipal Court, Juvenile Court, or Superior Court.

There is no filing fee for either type of order. Under the federal Violence Against Women Act (VAWA), states cannot charge a filing or service fee for domestic-violence protective orders. Massachusetts waives fees for 258E Orders as well.

When the courts are closed, police can obtain an emergency 209A order on behalf of a victim from an on-call judge. Local domestic-violence advocacy programs can help petitioners complete the paperwork, understand the process, and accompany them to court. The court's self-help center can also assist with forms.

At the hearing, you will have the opportunity to tell the judge what happened. The respondent will also be present. If the judge finds sufficient grounds, a final order will issue.

Temporary vs. final orders: how long they last

Massachusetts courts can issue an emergency ex parte order on the same day you file, without notifying the other party, when there is a risk of immediate danger. After-hours emergency 209A orders are available through local police.

Order Stage	Duration
Emergency / ex parte temporary order	Up to 10 days (until the two-party hearing)
Final order (after full hearing)	Up to 1 year; renewable with no cap on renewals

After a temporary order issues, a hearing is scheduled within 10 days. Both parties appear. If the court issues a final order, it lasts up to one year. The plaintiff may return to court before the order expires to request an extension, and courts routinely grant renewals when the need persists. There is no statutory limit on the number of times an order may be renewed.

Firearms and a Massachusetts protective order

Under Chapter 209A, when a court issues an abuse prevention order, it must order the immediate suspension and surrender of the respondent's License to Carry Firearms (LTC) and Firearm Identification Card (FID), along with all firearms and ammunition in the respondent's possession, if the court finds a substantial likelihood of immediate danger of abuse. The police department holds the surrendered firearms for the duration of the order.

Under Chapter 258E, the court has discretion (rather than a mandate) to order firearms surrender.

In addition, a qualifying final domestic-violence protective order triggers the federal firearm prohibition under 18 U.S.C. section 922(g)(8). A person subject to such an order may not possess any firearm or ammunition under federal law, regardless of whether the state order specifically addresses firearms.

Failure to surrender firearms under a 209A Order is a separate criminal offense carrying the same penalties as violating the order itself.

What happens if someone violates the order?

Violating a 209A Abuse Prevention Order or a 258E Harassment Prevention Order is a criminal offense in Massachusetts. Under G.L. c. 209A section 7 and G.L. c. 258E section 9, a violation is punishable by a fine of up to $5,000, up to 2.5 years in a house of correction, or both.

Police can arrest a respondent without a warrant if they have probable cause to believe the person has violated the terms of the order. This includes violations of no-contact provisions, distance restrictions, stay-away requirements, or firearms surrender requirements.

If the order is violated, the protected person should call 911 immediately and report the violation. Document the violation if it is safe to do so, noting the date, time, and what happened. Bring any evidence to court at the next hearing. Violations can also lead to the modification of the order to impose stricter terms.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

More Massachusetts Laws

• Massachusetts AI Meeting Recording Laws
• Massachusetts Alimony Laws
• Massachusetts At-Will Employment Laws
• Massachusetts Car Accident Laws
• Massachusetts Car Seat Laws
• Massachusetts Child Custody Laws
• Massachusetts Child Support Laws
• Massachusetts Common Law Marriage Laws
• Massachusetts Data Privacy Laws
• Massachusetts Divorce Laws
• Massachusetts Dog Bite Laws
• Massachusetts Emancipation Laws
• Massachusetts Expungement Laws
• Massachusetts Hit and Run Laws
• Massachusetts Landlord-Tenant Laws
• Massachusetts Lemon Laws

Sources

• Massachusetts General Laws Chapter 209A (Abuse Prevention): https://malegislature.gov/Laws/GeneralLaws/Partii/Titleiii/Chapter209a
• Massachusetts General Laws Chapter 258E (Harassment Prevention): https://malegislature.gov/Laws/GeneralLaws/Partiii/Titleiv/Chapter258e
• Massachusetts Trial Court Self-Help: https://www.mass.gov/restraining-orders

Related

For a full overview of how protective orders work across every state, see the Restraining Order Laws by State hub. Massachusetts residents documenting harassment or stalking may also find the Massachusetts recording law page useful for understanding what evidence may lawfully be recorded.