The Massachusetts Complaint for Protection from Abuse (page 2) is a legal document used to protect the safety of individuals from abuse. It is designed to provide immediate protection from domestic violence, stalking, or abuse by a family or household member. It is typically filed in Massachusetts Superior Court, and it outlines the facts of the case and the protection sought by the plaintiff. The Complaint is available in two different forms: a Domestic Abuse Complaint and a Harassment Complaint. The Domestic Abuse Complaint is used when the plaintiff has experienced physical harm, sexual abuse, or threats of harm by a family or household member. It states that the plaintiff is in need of immediate protection and requests a restraining order or another court order to protect them from further harm. The Harassment Complaint is used when the plaintiff has experienced violence or threats of violence from someone who is not a family or household member. It requests a restraining order to protect the plaintiff from further harm and to prevent continued contact from the defendant. Both Complaints must be signed by the plaintiff or their attorney, and they must include detailed information about the plaintiff, the defendant, and the type of abuse experienced. The Complaint must also state the type of protection requested and any other relief that the plaintiff seeks.
Massachusetts Complaint for Protection from Abuse (page 2)
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FAQ
You can request that the defendant be ordered to have no contact with you. This means that the defendant: Must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is listed on the order.
How long does a restraining order last? A Massachusetts restraining order can be permanent. At the first hearing, it can be extended for up to one year. At the renewal hearing, a judge may make the order lifetime.
Does the 258E harassment prevention order go on my criminal record? A. No. Contrary to what many uninformed court employees, attorneys or even judges might otherwise tell you, a 258E (or 209A) restraining order does not appear on your criminal record.
What is the punishment for a violation of a 258E order? A violation of 258E is a criminal offense. The violator can be fined up to $5,000, or imprisoned for up to 2 ½ years, or both. Someone convicted under 258E must also pay a fine of $25.
Unlike a 209A restraining order, a 258E harassment prevention order cannot be issued by the Probate and Family Court. The courts that hear 258E cases also handle criminal cases. The Probate and Family Court, which also hears 209A cases, does not handle criminal cases.
Any contact with the individual the order pertains to constitutes a violation. Other events that do not involve any contact may also constitute restraining order violations, such as disturbing the plaintiff's workplace or home when he or she is not there or contacting the person via technology or a third person.
A conviction under this law shall result in the following punishments: Imprisonment in a house of correction for not more than 2.5 years, or. By a fine of not more than $1,000, or. By both fine and imprisonment.
The penalty is up to 2.5 years in jail and/or a fine of up to $5,000.00, plus the batterer's program and any other probation conditions the court orders. What can constitute a restraining order violation? A violation of any of the conditions set by the order is a criminal offense.
