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.
Note
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.