A Massachusetts Defendant's Motion to Modify or Terminate Abuse Prevention Order is a legal document that allows a defendant who has been subject to an Abuse Prevention Order (APO) to seek changes to the terms of the order. It is a way for a defendant to challenge the existing APO, or to request that it be modified or terminated altogether. The motion may be filed in the court where the original APO was issued, and is typically filed by the defendant's attorney. There are two primary types of Massachusetts Defendant's Motion to Modify or Terminate Abuse Prevention Order: a Motion to Modify and a Motion to Terminate. A Motion to Modify seeks to modify the terms of the existing APO, such as changing the duration of the order, the scope of the prohibited contact, or the conditions of the defendant's release. On the other hand, a Motion to Terminate seeks to have the APO completely removed, so that the defendant is no longer subject to its terms.
Massachusetts Defendant's Motion to Modify or Terminate Abuse Prevention Order
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FAQ
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.
The person who requested the order can't change or end the order without contacting the court and asking the judge to change the order. Even if the plaintiff seems to request or allow conduct forbidden by the order, you will be in violation of the abuse prevention order unless a judge has changed it.
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.
209A, the rules of evidence should be applied flexibly by taking into consideration the personal and emotional nature of the issues involved, whether one or both of the parties is self-represented, and the need for fairness to all parties." Guidelines for Judicial Practice: Abuse prevention proceedings, Mass.
You can ask for a Harassment Prevention Order (a "258E Order) from a judge if you're suffering from harassment because someone has committed 3 or more acts: That were willful and malicious. This means it was done on purpose and was done for cruelty, hostility or revenge. Were aimed at you.
You have 30 days to appeal after the judge makes their decision. No matter what court issued the order, you must appeal to the Appeals Court. To start your appeal, you must file a Notice of Appeal at the clerk's office of the court that issued the order within 30 days of your hearing.
The person who requested the order can't change or end the order without contacting the court and asking the judge to change the order. Even if the plaintiff seems to request or allow conduct forbidden by the order, you will be in violation of the abuse prevention order unless a judge has changed it.
