Restraining Orders in Massachusetts (2026): Guide

Will a judge actually believe me?

Worrying that a judge won't believe you is one of the most common feelings people bring into a Massachusetts courthouse - and it doesn't mean your situation isn't serious. A 209A application is a sworn statement, and the judge's decision rests on the facts in that affidavit and any supporting evidence. You don't need a police report or a criminal case pending to apply. Organizing what happened - dates, specific incidents, anything in writing - simply gives the judge a clearer picture to work from, alongside your own account.

Types of restraining orders in Massachusetts

In Massachusetts, the primary civil order for domestic abuse is the 209A Abuse Prevention Order (sometimes called a "restraining order"), issued under Massachusetts General Laws Chapter 209A. It's available to people abused by a family or household member, a current or former spouse, someone they share a child with, or a dating partner.

209A orders can be issued by several courts: District Court, Boston Municipal Court, Probate and Family Court, or Superior Court. One distinction matters if you need visitation addressed as part of your order: only the Probate and Family Court can include child visitation provisions within a 209A order.

Emergency / ex parte orders

If you're in immediate danger, you can ask for an order without the other person present (ex parte). During court hours, this is done directly at the courthouse. After hours or on weekends, an emergency 209A order can be obtained through any local police department. An ex parte order issued by a judge is valid for no more than 10 court business days, after which a return hearing is held - this is the other party's first opportunity to respond, and both sides can present evidence before the judge decides on further relief.

How to file in Massachusetts

• File in the county where you live - or, if you left home temporarily to escape abuse, in the county where you're currently staying.
• Complete the application (affidavit), a sworn, written statement describing the abuse. You can do this on paper at the courthouse or through Massachusetts's online guided interview tool, Court Forms Online.
• Get help if you need it - court clerks and, at many courthouses, victim advocates or court service centers can assist with the paperwork at no cost. A lawyer is not required.
• Attend the return hearing within 10 court business days if an ex parte order was granted; the judge can extend relief at that hearing for a fixed period of up to one year.

What evidence helps

Massachusetts judges see many 209A cases, and clear documentation makes your account easier to follow at the hearing:

• A dated, written record of incidents, kept as close to real time as possible.
• Text messages, emails, or voicemail logs with visible timestamps.
• Photos of injuries or property damage, dated where you can.
• Names and contact details for anyone who witnessed an incident or its aftermath.

This isn't about presenting a flawless case - it's about making sure the judge doesn't have to rely on memory alone, yours or theirs. If you're worried you don't have "enough" evidence, remember that a 209A order can be granted on your sworn testimony alone; documentation strengthens your account, it isn't a prerequisite for being believed. If you haven't kept records so far, it's not too late to start - a journal begun today, describing recent and ongoing incidents, is still useful at the return hearing and for any future extension.