Massachusetts
Massachusetts Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
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, committed with intent to cause fear, intimidation, abuse, or property damage, that does in fact cause fear, intimidation, abuse, or property damage. A single act of forced sexual relations, indecent assault and battery, or certain other enumerated 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 | Until the two-party hearing, held within 10 court business days |
| 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 court business days. Both parties appear. If the court issues a final order, it lasts up to one year. At or before the extension hearing, the plaintiff may ask the court to extend the order for additional time or, under G.L. c. 209A section 3 (and the parallel 258E section 3(d)), enter a permanent order with no further expiration. There is no statutory limit on the number of times an order may be extended.
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 the same mandatory duty as under 209A: if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, the court must order the immediate suspension and surrender of the defendant's LTC and FID and all firearms and ammunition (G.L. c. 258E section 4A).
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.
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.
More Massachusetts Laws
Frequently Asked Questions
How do I get a restraining order in Massachusetts?
File a petition at your local District Court, Boston Municipal Court, Probate and Family Court, or Superior Court. If the courts are closed, local police can request an emergency order from an on-call judge. Bring any documentation you have, describe the abuse or harassment to a judge, and the court can issue a temporary order the same day. A hearing with both parties is scheduled within 10 court business days.
How long does a restraining order last in Massachusetts?
An emergency temporary order lasts until the full hearing, which must be held within 10 court business days. A final order issued after the hearing lasts up to one year. You can ask the court to extend the order before it expires, and there is no limit on the number of times a 209A or 258E order can be extended; at an extension hearing the court may also enter a permanent order with no further expiration.
How much does a restraining order cost in Massachusetts?
Filing a 209A Abuse Prevention Order is free. Under the federal Violence Against Women Act, courts cannot charge a filing or service fee for domestic-violence protective orders. Massachusetts also waives fees for 258E Harassment Prevention Orders. There is no cost to the petitioner.
Can I get a restraining order without a police report?
Yes. You do not need a police report to petition for a 209A or 258E order. You tell the judge directly what happened. A police report or other documentation can help support your petition, but it is not required. Courts issue emergency orders based on the petitioner's sworn statement.
Does a restraining order take away gun rights in Massachusetts?
Yes, for a 209A Order. If the court finds a substantial likelihood of immediate danger, it must order the respondent to immediately surrender their LTC and FID firearms licenses and all firearms and ammunition to the police. Under federal law (18 U.S.C. section 922(g)(8)), a qualifying final protective order also prohibits firearm possession regardless of what the state order says. The same mandatory duty applies to 258E Orders: if the plaintiff shows a substantial likelihood of immediate danger of harassment, the court must order surrender (G.L. c. 258E section 4A).
What happens if the abuser violates the order?
Violating a 209A or 258E order is a criminal offense in Massachusetts. The penalty is a fine up to $5,000, up to 2.5 years in a house of correction, or both. Call 911 immediately if the order is violated. Police can arrest on probable cause without a warrant. Document the violation and report it to the court.
What is the difference between a 209A Order and a 258E Order in Massachusetts?
A 209A Abuse Prevention Order requires a qualifying domestic or intimate-partner relationship between the petitioner and the respondent. A 258E Harassment Prevention Order is available to anyone experiencing harassment, stalking, or certain crimes, with no relationship requirement. Both are civil orders, both are free to file, and both carry the same criminal penalties for violations.
Updates
Corrected the description of Chapter 258E harassment prevention orders: firearms surrender is mandatory under the same standard as Chapter 209A, not discretionary as the page stated, and the statutory definition of 'harassment' was corrected to 258E's own intent-and-actual-causation test rather than language borrowed from a different criminal statute. Also corrected the two-party hearing deadline to 10 court business days (not calendar days), noted that courts may enter a permanent order instead of a further time-limited extension, and fixed two dead citation links.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
Sources and References
- Massachusetts General Laws Chapter 209A, Abuse Prevention(malegislature.gov).gov
- Massachusetts Trial Court: Abuse, Harassment and Court Orders (mass.gov)(mass.gov).gov
- Massachusetts General Laws Chapter 258E (Harassment Prevention)(malegislature.gov).gov