Massachusetts has two civil protective-order statutes, and picking the wrong one can cost you time and your case. This guide helps you decide which order fits your situation: a G.L. c. 209A abuse prevention order, or a c. 258E harassment prevention order.
Start with one question: the relationship
The fastest way to choose is to ask how you know the other person.
- If they are a spouse or ex, a partner you live(d) with, a co-parent, a relative, or someone you dated — you are in 209A territory (abuse prevention). That's this site.
- If they are a neighbor, coworker, acquaintance, or stranger with no such relationship — you need a 258E harassment prevention order instead, handled by our sister site harassmentorder.com.
The 209A standard (abuse prevention)
209A requires both a qualifying relationship and "abuse" — physical harm or its attempt, fear of imminent serious physical harm, or coerced sexual relations. Learn more: the relationship requirement and the abuse definition.
The 258E standard (harassment prevention)
258E does not require any relationship. It generally requires three or more willful, malicious acts aimed at the plaintiff that caused fear, intimidation, abuse, or property damage — or one qualifying serious act such as stalking, criminal harassment, or an assault. For the side-by-side comparison, see 209A vs. 258E: What's the Difference?
Why the choice matters
The two laws have different legal standards and different proof. A dispute with no domestic relationship and no physical component might satisfy 258E but never 209A. File under the wrong statute and the court may dismiss or transfer the case — and you'll be held to a standard that doesn't match your facts.
Edge cases
Some situations blur the line — for example, a former roommate, or a dating relationship that was brief. The relationship analysis (length, type, frequency, how recent) decides it. When in doubt, the relationship article above is the place to start, and a Massachusetts attorney can confirm.
Where to file
For 209A, you generally file in the District Court, BMC, or Probate and Family Court for where you live. For 258E, you file where the harassment occurred or where you or the defendant live. Our courts directory and courts and forms page have the details and official links.
How our two sites help
This site, Restraining Orders, prepares 209A cases; harassmentorder.com prepares 258E cases. On either one, Allie's intake will confirm you're in the right place — and send you to the other if you're not. This is general information, not legal advice.