What is a Restraining Order?
During the Probate and Family Court litigation process, it is not uncommon for an individual to seek or defend a restraining order. In Massachusetts, the Abuse Prevention Order (209A Order) specifically protects victims of abuse from family or household members. One may obtain a restraining order either from a district court or from the probate and family court, if there is a pending action filed with that Court. Restraining orders are granted by the court to those who have experienced a form of abuse or are in imminent fear of abuse. Those terms are defined by statue as follows:
Abuse can be defined as:
- Attempting to cause or actually causing physical harm;
- Placing another in fear of imminent harm; or
- Forcing another to involuntarily engage in sexual relations.
Family or household members is a broad definition that encompasses individuals who:
- Are/were married;
- Are/were residing in the same household;
- Are/were related by blood or marriage;
- Have a child together (even if never married/never lived together); or
- Have been dating or engaged (with the Court’s discretion).
How Restraining Orders Effect Family Units
Contact & Communication
Restraining orders can protect from both physical and verbal contact. Some orders will require the Defendant to no longer contact the victim, and/or their children. This includes forms of electronic communications as well, including, phone calls, text messages, emails, and social media. In a family court setting where the parties share a child. Most 209A restraining orders are modified to permit communication between the parties but limit the communication to in person communication regarding the children ONLY.
Living Arrangements
A restraining order will most likely require the Defendant to leave their home if it is shared with the victim. In addition to precluding the Defendant from being near the Plaintiff’s home, workplace, or school restraining orders typically prohibit the Defendant from being within 100 yards of the Plaintiff wherever he/she may be.
Child Custody Matters
Restraining orders often impact ongoing or future child custody matters. When a restraining order is obtained, the Court may also award temporary child support and custody to the victim. When evaluating long-term custody decisions, a restraining order will indeed play a role in the Court’s ultimate determination. A restraining order may present as an impediment for a person seeking shared custody. The Court will ultimately make custody determinations with the child’s best interests in mind.
Emotional Consequences
A restraining order can act as an emotional safety net for both the victim and the victim’s family members. Violation of a restraining order is a criminal offense and having this form of legal protection can provide the victim and others involved with peace of mind. The victim will no longer have the same concern of potential physical altercations or threatening verbal or electronic communications with their partner. A restraining order is a proactive way of mitigating a potentially harmful or damaging situation. Requesting a restraining order can be a difficult decision, but one that leads to liberation.
Divorce and Child Custody matters are particularly emotional and life altering by nature. Restraining orders provide support in maintaining safety and peace through the process.