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. Under G.L. c. 209A section 1, abuse means the occurrence of any of four things 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; and (d) coercive control.

Coercive control is the clause that most often surprises people, because it reaches conduct that is not physical at all. The statute defines it as behavior intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member that causes that person to reasonably fear physical harm or to have a reduced sense of physical safety or autonomy. The listed means include isolating the person from friends, relatives, or support services; depriving them of basic necessities; controlling or monitoring their movements, communications, or finances; threatening harm to a relative, a child, or an animal; damaging property; threatening to publish sexually explicit images; and filing repeated unwarranted court actions. Coercive control can be shown by a pattern of such behavior or, for certain acts such as harming a relative, abusing an animal, or publishing sexually explicit images, by a single act.

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)

Having a qualifying relationship is only half the test. The petitioner must also have suffered abuse as the statute defines it, and because that definition includes coercive control, eligibility is not limited to people who have been hit or threatened with violence. A petitioner in a qualifying relationship may be eligible based on non-physical conduct such as being cut off from family and support, having their money, phone, or movements controlled, or being threatened with harm to a child, a relative, or a pet. If you are unsure whether what you have experienced counts, describe it to the court or to a domestic-violence advocate rather than screening yourself out.

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

There is one important exception to that list. G.L. c. 209A section 1 defines "Court" as the superior, probate and family, district, or Boston municipal court departments, "except when the petitioner is in a dating relationship when 'Court' shall mean district, probate, or Boston municipal courts." So if your qualifying relationship is a substantive dating or engagement relationship, Superior Court is not available to you and you should file in a District, Probate and Family, or Boston Municipal Court.

For a 258E Order, the venue depends on the harasser's age. Under G.L. c. 258E section 2, ordinary proceedings are filed, heard, and determined in the Superior Court department or in the division of the District Court or Boston Municipal Court department having venue over the plaintiff's residence. Where the defendant is under the age of 18, the Juvenile Court department has exclusive jurisdiction, and the case must be filed in the Juvenile Court division having venue over the plaintiff's residence. Juvenile Court is therefore not an alternative venue when the harasser is an adult, and it is the only venue when the harasser is a minor, which matters for school and teen harassment cases.

There is no filing fee for either type of order, and the controlling authority is Massachusetts law rather than federal law. G.L. c. 209A section 3 provides that "No filing fee shall be charged for the filing of the complaint," and G.L. c. 258E section 3(c) says the same for harassment prevention orders. Both sections also bar charging the plaintiff for certified copies of any orders the court enters. The federal Violence Against Women Act contains a related provision at 34 U.S.C. section 12291(b)(2), but that operates as a condition on federal STOP grant funding rather than as a freestanding federal ban on charging fees.

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. With the respondent in the room, get a free case evaluation from a Massachusetts family lawyer on telling the judge what happened (attorney advertising).

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.

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, the firearms test depends on which stage the case has reached, and the two standards are not the same.

When the court issues a temporary or emergency order under section 4 or section 5, G.L. c. 209A section 3B requires 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 the respondent controls, owns, or possesses, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse.

When the order is continued or modified after the two-party hearing, section 3C governs instead and applies a different test: the court shall order or continue to order surrender if it determines that the return of the license to carry, the FID card, or the firearms or ammunition presents a likelihood of abuse to the plaintiff. A suspension and surrender order under section 3C continues for as long as the underlying order is in effect. The police department holds the surrendered firearms for the duration of the order.

Chapter 258E is built the same way. At the temporary or emergency stage, G.L. c. 258E section 4A requires suspension and surrender of the defendant's LTC and FID and all firearms and ammunition if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment. On continuation or modification of the order, section 4B applies the likelihood-of-harassment standard to the return of those items.

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

• Massachusetts Child Custody Laws
• Massachusetts Divorce Laws
• Massachusetts GPS Tracking Laws
• Massachusetts Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Massachusetts?

For a 209A Abuse Prevention Order, file at your local District Court, Boston Municipal Court, Probate and Family Court, or Superior Court; if your qualifying relationship is a dating or engagement relationship, Superior Court is not available and you should file in a District, Probate and Family, or Boston Municipal Court. For a 258E Harassment Prevention Order, file in the Superior Court or in the District Court or Boston Municipal Court division covering where you live, unless the harasser is under 18, in which case the Juvenile Court has exclusive jurisdiction. 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 is free, and that comes from Massachusetts law rather than a federal mandate. G.L. c. 209A section 3 provides that no filing fee shall be charged for an Abuse Prevention Order complaint, and G.L. c. 258E section 3(c) says the same for a Harassment Prevention Order. Both sections also bar charging the plaintiff for certified copies of the court's orders. The Violence Against Women Act has a related provision, but it works as a condition on federal STOP grant funding rather than as a direct federal ban on fees. There is no cost to the petitioner either way.

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 coercive control qualify as abuse in Massachusetts?

Yes. G.L. c. 209A section 1 lists coercive control as one of the four forms of abuse that support an Abuse Prevention Order, alongside physical harm, fear of imminent serious physical harm, and forced sexual relations. Coercive control covers behavior intended to threaten, intimidate, harass, isolate, control, or coerce a family or household member, including isolating them from support, depriving them of basic necessities, controlling or monitoring their movements, communications, or finances, threatening harm to a child, relative, or animal, damaging property, or threatening to publish sexually explicit images. It can be a pattern of conduct or, for certain acts, a single act.

Does a restraining order take away gun rights in Massachusetts?

Yes, but the trigger depends on the stage of the case. On a temporary or emergency 209A order, the court must order immediate surrender of the respondent's LTC and FID licenses and all firearms and ammunition if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse (G.L. c. 209A section 3B). When the order is continued after the two-party hearing, section 3C applies a different test: the court orders or continues surrender if returning the licenses, firearms, or ammunition would present a likelihood of abuse to the plaintiff. Chapter 258E works the same way through sections 4A and 4B for harassment prevention orders. 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.

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 under Massachusetts law, and both carry the same criminal penalties for violations.