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How to Fight a Restraining Order in Massachusetts
A restraining order can affect your life in major ways. Learn how to contest it and protect your rights.
A restraining order can have serious effects, even if it’s civil. It can force you out of your home, restrict contact with your kids, and lead to criminal charges if violated.
In Massachusetts, restraining orders (also called 209A orders) usually begin with a temporary ex parte order. That means you’re not there when the judge first issues it. Within 10 business days, you get a chance to fight back at a hearing.
To challenge the order, you’ll need to present evidence, question the complainant’s claims, and explain why the legal standard isn’t met. It’s not enough to say it didn’t happen—you have to show why the other party’s fear isn’t reasonable or imminent.
These hearings are fast and high-stakes. I represent clients in restraining order hearings regularly, and I know how to prepare the right defense—especially when false accusations are involved.
What Is a 209A Restraining Order in Massachusetts?
A 209A order is a civil protective order in domestic abuse cases. Learn what it means and how it works in Massachusetts.
A 209A restraining order is a court order designed to protect someone from domestic violence. It can order you to stay away from a person, leave your home, and surrender any firearms.
The process starts when someone files a complaint, often leading to a temporary order issued without your knowledge. Then, within about 10 days, a full hearing is scheduled where both sides present evidence.
Even though it’s technically a civil order, violating a 209A is a crime—and it can land you in jail. The order also shows up on your CORI and can affect employment, housing, and custody.
If you’ve been served with a 209A, don’t wait until the hearing to get help. I guide clients through the process and work to get unjust orders dismissed or limited.
What Are Your Rights If You're Stopped by Police in Massachusetts?
Know your rights during a police stop. Here’s what you can say, refuse, and expect if you're stopped in Massachusetts.
Getting stopped by the police can be stressful—but it’s important to know what your rights are in Massachusetts.
You don’t have to answer questions beyond identifying yourself. You have the right to remain silent, and you can say so politely. You also have the right to refuse a search, unless the officer has a warrant or a specific legal basis.
If you’re in a car, you must show your license and registration. But you don’t have to consent to a vehicle search, and you don’t have to explain where you’re going or where you’ve been.
Always stay calm and respectful, but don’t give up your rights just to avoid conflict. If the stop turns into a charge, how you handle it can shape the case.
I help clients challenge unlawful stops and protect their rights in court. If you were searched or questioned without cause, there may be a strong motion to suppress in your case.
Can You Be Charged Without Being Arrested in Massachusetts?
Not all criminal charges begin with an arrest. Learn how you can be charged by mail or summons—and what to do next.
In Massachusetts, you can absolutely be charged with a crime without ever being arrested. It happens more often than people think.
If police didn’t arrest you at the scene, they can still apply for charges later. You might receive a notice in the mail for a clerk magistrate hearing. Or you might be summoned directly to court for arraignment. Either way, the case is real—and the consequences can be serious.
This process is common for misdemeanors and lower-level felonies, like shoplifting, minor assaults, or leaving the scene of an accident. It can feel like it’s “not a big deal” because you weren’t cuffed and booked, but the charges are the same.
If you get a hearing notice or court summons, don’t wait. A lawyer can sometimes resolve the matter before charges are even filed. And if not, we can start preparing your defense early—before the case snowballs.
What Is a Dangerousness Hearing in Massachusetts?
A dangerousness hearing can lead to being held without bail. Learn how they work—and how a lawyer can fight for your release.
A dangerousness hearing—or 58A hearing—is a court proceeding where the prosecutor asks to hold you without bail. These hearings happen fast—often just a few days after arraignment—and they can determine whether you’ll be locked up for months while your case is pending.
The government has to prove that no conditions of release will keep the community safe. The judge looks at things like your criminal record, the nature of the charge, and whether you’ve followed court orders in the past. You have the right to a lawyer, to present evidence, and to cross-examine witnesses.
If the judge finds you dangerous, you can be held without bail for up to 120 days. That’s why preparation is key. I’ve represented clients at these hearings on everything from gun cases to domestic charges, and in many cases, I’ve been able to secure release.
If you're facing a dangerousness hearing, you need someone who can act quickly, file motions, and push back hard. You don’t get a second chance at this.