How to Get a Restraining Order in Massachusetts

By / April 9, 2026

How to Get a Restraining Order in Massachusetts

A restraining order, also known as a protective order, is a court order that prohibits someone from harassing, threatening, or causing physical harm to you or your family members. If you are a victim of domestic violence, stalking, or harassment, a restraining order can provide you with peace of mind and protection from your abuser.

Key Takeaways:

• A restraining order is a court-ordered document that prohibits someone from contacting or approaching you or your family members.
• In Massachusetts, you can obtain a restraining order if you are a victim of domestic violence, stalking, or harassment.
• The process of obtaining a restraining order in Massachusetts typically takes several days to several weeks.
• You can file for a restraining order in any Massachusetts court, including the district, probate, and family courts.
• There are no filing fees for domestic violence restraining orders in Massachusetts.

Step-by-Step Instructions:

1. Determine if you are eligible: You are eligible for a restraining order in Massachusetts if you are a victim of domestic violence, stalking, or harassment. Domestic violence includes physical or emotional abuse, as well as threats to harm you or your family members.
2. Gather evidence: Collect any evidence that supports your claim, such as police reports, witness statements, and text messages or emails from the abuser.
3. File a complaint: You can file a complaint for a restraining order in any Massachusetts court, including the district, probate, and family courts. You can use Form 3C: Complaint for Restraining Order (available on the Massachusetts Court System website).
4. Attend a hearing: After you file a complaint, a judge will schedule a hearing to consider your request for a restraining order. At the hearing, you will need to present your evidence and testify about the abuse you have suffered.
5. Obtain a restraining order: If the judge grants your request, you will receive a restraining order that prohibits the abuser from contacting or approaching you or your family members.

Massachusetts Laws and Statutes:

  • G.L. c. 209A: This statute outlines the process for obtaining a restraining order in Massachusetts.
  • G.L. c. 209A, § 3: This section requires the court to issue a restraining order if the plaintiff proves that they are a victim of domestic violence.
  • G.L. c. 209A, § 3A: This section requires the court to issue a restraining order if the plaintiff proves that they are a victim of stalking.

Filing Fees:

  • Domestic violence restraining orders: There are no filing fees for domestic violence restraining orders in Massachusetts.
  • Stalking restraining orders: The filing fee for stalking restraining orders is $150.

Deadlines:

  • Emergency restraining orders: You can obtain an emergency restraining order if you can show that you are in immediate danger. This order is valid for 10 days.
  • Standard restraining orders: If you are granted a standard restraining order, it will typically be valid for 1 year.

Frequently Asked Questions:

1. Q: How long does it take to get a restraining order in Massachusetts?
A: The process typically takes several days to several weeks.
2. Q: Do I need an attorney to get a restraining order?
A: No, you do not need an attorney to get a restraining order in Massachusetts. However, having an attorney can be helpful in preparing your case and presenting your evidence.
3. Q: Can I file for a restraining order if I am a victim of stalking?
A: Yes, you can file for a restraining order if you are a victim of stalking.
4. Q: What is the difference between a restraining order and a protective order?
A: There is no difference between a restraining order and a protective order. Both terms refer to the same court-ordered document that prohibits someone from contacting or approaching you or your family members.
5. Q: Can I get a restraining order if I am not a Massachusetts resident?
A: Yes, you can get a restraining order in Massachusetts if you are a victim of domestic violence or stalking, even if you are not a Massachusetts resident.

How to Find a Massachusetts Attorney:

If you need an attorney to help you with a restraining order, you can find one through:

  • Massachusetts State Bar Association: The Massachusetts State Bar Association has a lawyer referral service that can connect you with an attorney specializing in domestic violence and stalking cases.
  • National Domestic Violence Hotline: The National Domestic Violence Hotline can provide you with a list of attorneys who specialize in domestic violence cases in your area.
  • LawHelp.org: LawHelp.org is a website that provides information about free and low-cost legal aid in your area.

Legal Disclaimer:

This guide is intended to provide general information about the process of obtaining a restraining order in Massachusetts. However, the specific laws and procedures in Massachusetts can change, and this guide should not be considered a substitute for advice from an attorney. If you are a victim of domestic violence or stalking, you should seek the advice of an attorney as soon as possible.

Additional Resources:

  • Massachusetts Court System: The Massachusetts Court System website provides information about the process of obtaining a restraining order in Massachusetts.
  • National Domestic Violence Hotline: The National Domestic Violence Hotline is a 24-hour hotline that provides support and resources for victims of domestic violence.
  • LawHelp.org: LawHelp.org is a website that provides information about free and low-cost legal aid in your area.
  • Massachusetts State Bar Association: The Massachusetts State Bar Association has a lawyer referral service that can connect you with an attorney specializing in domestic violence and stalking cases.

    Official Resources

    Visit our Find a Lawyer page for more resources.

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