A 209A order is a civil order, but violating it is a criminal offense. Under G.L. c. 209A § 7, knowingly violating the terms of an abuse prevention order can lead to arrest and prosecution. Defendants need to understand this clearly, because the most common way a manageable situation becomes a criminal case is an avoidable violation.
What counts as a violation
A violation is failing to obey a term of the order. Common examples include:
- Contacting the plaintiff in any way the order prohibits — text, call, email, social media, or through another person
- Going to a location the order says to stay away from
- Failing to vacate a residence as ordered
- Failing to surrender firearms or licenses as required under § 3B
Critically, it is still a violation even if the plaintiff initiated contact or invited it. The order binds the defendant, not the plaintiff. If the plaintiff reaches out, do not respond — save the message and bring it to your attorney.
The penalties
A § 7 violation is a criminal offense that can carry a sentence of up to two and a half years in a house of correction, a fine of up to $5,000, or both. A criminal violation also creates a separate record, on top of the civil order itself.
If you believe the order is wrong
The remedy for an order you think is unfair is the court process — appearing at the 10-day hearing, presenting evidence, and asking the judge to decline to extend or to modify the terms. It is never self-help. Comply fully while the order is in effect and raise your objections in the courtroom.
How Restraining Orders helps
A clear understanding of the order's terms is the best protection against an accidental violation. Allie's intake walks defendants through exactly what the order prohibits, and the attorney-reviewed packet helps you prepare your challenge the right way — in court.