Where can I get a 209A Restraining Order?

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Massachusetts Law Reform Institute
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You can get a 209A restraining order at the District Court near where you live or the Probate and Family Court in your county.

You can also go to the Superior Court in your county. If you live in Boston, you can go to the Boston Municipal Court (BMC) near where you live. Most people get 209A restraining orders from District Court, BMC, or Probate and Family Court.

If you have moved to another town in Massachusetts to get away from the abuse, you can go to the court where you live now or to the court where you used to live. It is your choice. One reason why you might choose to go to the court where you used to live is because you don't want the abusive person to know where you live now.

In this section, everything we say about the District Court also applies to the Boston Municipal Court and the Superior Court.

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Is it better to go to District Court or to Probate and Family Court?

It is up to you. Some things to think about when you are deciding which court is better for you are:

Travel and distance

  • If it is hard for you to get places that are far away, find out which court is closer to you. You might want to pick the closest court. There are more District Courts than Probate and Family Courts, so the District Court may be closer to your home.
  • Find out when the courts near you are open. In some counties, the Probate and Family Court is only open part of the day. If you go to a Probate and Family Court when it is not open, they will send you to the District Court. You might want to call both the District Court near you and the Probate and Family Court in your county to find out when they are open.

Help with the papers and the hearing

Many courts have advocates in the courthouse who can help you file for a 209A restraining order. Advocates may be from:

  • SAFEPLAN, a program of the Massachusetts Office of Victim Assistance (MOVA). SAFEPLAN advocates work with local domestic violence programs.
  • the District Attorney's Victim Witness Advocate program;
  • a domestic violence advocacy program; or

If you want someone to help you, find out which court near you has an advocate at the courthouse.

Safety

You might want to file where you used to live because you don't want the abusive person to know where you live now. Or you might not want to go back to where you used to live because the abusive person lives nearby. You might file in Probate and Family Court because there is usually only one court per county, and going there will not alert the abusive person to which city you live in within that county.

If the other parent wants to visit your child

The District Court is not supposed to order visitation between the other parent and your child as part of a 209A case. If the District Court judge asks you if you want to set up a visitation schedule, you have the right to say no.

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The Probate and Family Court can order visitation in a 209A case.

If you want to get visitation settled right away, you might want to go to the Probate and Family Court to file for the 209A restraining order. If you do not want the court to decide about visitation, you might want to go to the District Court for your 209A restraining order. If you start in the District Court and the other parent wants to visit your child, they will have to go to the Probate and Family Court and file a new case there.

If you go to the Probate and Family Court, you should be prepared to talk about visitation. If it is not safe for the other parent to visit your child, you can ask for no visitation. If it is safe for the other parent to visit your child, you should think about what kind of visitation schedule you want. Write it down and be prepared to give it to the court. That way, your 209A protective order can set a visitation schedule that will work for you.

Think about if supervised visitation may be the best option for you.

If there is a Probate and Family Court order about custody or child support

Even if there is a Probate and Family Court order, a District Court can make a new custody or child support order as part of a 209A order.
But

  • The District Court must send a copy of its 209A custody or child support order to the Probate and Family Court right away; and
  • The District Court 209A custody or child support order can only last up to 30 days; and
  • The Probate and Family Court can replace the District Court 209A custody or child support order with its own custody or child support order at any time.

In an emergency, a District Court judge can make a custody or visitation order that conflicts with an order of the Probate and Family Court. For example, if a child's safety is at risk, the District Court might temporarily stop visitation even if there is an order from the family court.

If the person who abused you is facing criminal charges

If the person who abused you is facing criminal charges related to the domestic violence, you might want to file for your 209A restraining order at the District Court where that case is, as long as it's where you live or used to live. That way, you may be able to work with the same Victim Witness Advocate for both cases.

What if the courts are closed when I need the order?

When the courts are closed, a judge is "on call." If you need a restraining order when the courts are not open, you can go to a police station.

The "on call" judge talks to the police first, to make sure that:

  1. You have filled out a 209A Complaint and Affidavit;
  2. The police have checked the court records to see if there are any past or present restraining orders involving the defendant. The court records are Court Activity Record Information (CARI) and the Statewide Registry of Civil Restraining Orders;
  3. The police have checked the Warrant Management System to see if there are any warrants out on the defendant.

After the police give the information to the judge, the judge speaks directly to you.

If the judge grants the emergency order, it is only temporary. It is only in effect until the end of the next business day that a judge is at the court. The judge should tell you to go to the court at 9:00 a.m. for a hearing. The judge should tell you that the order will end at the close of the business day if you do not appear in court.

The judge and the police officer should be sure that there will actually be a judge at the court on the next business day.

The police take the papers to the proper court.

See Section 11:00 2021 Guidelines, page 232.

Which court will the "on call" judge tell you to go to the next business day?

The "on call" judge will usually send you to the District Court or Boston Municipal Court where you live.

Sometimes the "on call" judge will send you to a Probate and Family Court; but only if:

  1. you and the defendant are already involved in a Probate and Family Court case where
    1. custody or visitation is an issue or
    2. custody or visitation is likely to be an issue because you filed the 209A,
      and
  2. you agree to the case being sent to the Probate and Family Court.

Even if you do agree, the judge should not send you to a Probate and Family Court if:

  1. the defendant was arrested because of the abuse or a warrant has been issued or the police will ask for a warrant, or
  2. the correct Probate and Family Court is not available on a regular, full-time basis, or
  3. you cannot get to the correct Probate and Family Court.

See Section 11:00 2021 Guidelines, page 232.

What if I go to the "wrong" court?

You may go to the “wrong” court, a court that does not cover either your new or your old residence.

If you go to the “wrong” court, the judge should never tell you to go to another court​.

If the judge issues an emergency order, it can last up to 10 days. The next hearing takes place at the same court where the judge gave you the emergency order.

The person you need to be protected from, the defendant, may object to the wrong court hearing your case. If the judge agrees to the objection, they can transfer the case to the "right" court. The judge should not dismiss your case just because you asked the "wrong" court for a 209A protective order.

The Guidelines call the "wrong" court, the "court without venue."

See Section 1:09 Plaintiff in Court Without Venue of the 2021 Guidelines, page 49.

What if I go to court and there is no judge on duty?

If you go to a court and no judge is on duty, the court clerk will help you get a hearing with a judge at another court. You fill out the papers and the clerk faxes them to the judge at the other court. The judge holds the hearing by phone or by video conference, like Zoom.

The hearing should be recorded.

If the judge grants the order:

  1. The order should last up to 10 court business days and
  2. The next hearing should be scheduled for a date when a judge will be present at the court where you filed.

The clerk should not send you to a different court.

The clerk should not tell you to wait until the Judicial Response System goes into operation at 4:30 p.m.

See Section 1:10 of the 2021 Guidelines, page 51.

Resource Boxes
More Resources
Who to call for help with domestic violence
DV - Who to call for help

Call 911 if you are in danger right now.

If you are not in immediate danger, you can contact:

See Jane Doe's list of Massachusetts domestic violence programs and court resources for safety and support.

Get help applying for a 209A
DV Help applying for 209A
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