Can I get a Restraining Order?
What is a 209A?
A 209A restraining order, a.k.a. an abuse prevention order, is a court ordered restraining order that is meant to do exactly what it says: prevent you from abuse. The 209A could be for you or for your child. In order to get the restraining order, you must show the court that abuse has occurred to either you or the child.
In addition, your abuser must fulfill one of these criteria:
You currently or used to be married to each other.
You have lived together.
You have seriously dated the abuser.
You have a child together.
You and the abuser are related by blood or marriage.
What sort of abuse do you need to show to get a restraining order?
You must show that:
The abuser attempted to cause or did cause physical harm to you or your child.
The abuser placed you or your child in fear of imminent serious physical harm.
The abuser used force or threats to cause you or your child to engage in involuntary sexual relations.
As soon as you believe a 209A is necessary, you should contact your attorney who can then file an emergency motion for a 209A.
How does a restraining order protect your children from an abusive parent?
If you do not have a previous custody order through Family Court, then the District Court can grant you full custody of your children.
A “no-contact” order can extend to all locations where your children may be and extends to direct and indirect contact.
If you obtain the restraining order through Family Court, the court may address the issue of child custody. If you obtain the restraining order through District Court, the court cannot address the issue of child custody or visitation.
A restraining order can provide even more protections to ensure a child is safe at school or at day care. It can prevent the abuser from obtaining the child’s school records, meeting with any school personnel, or taking any part in the child’s education.
If you or your child has experienced abuse and you feel as though you need a 209A to protect yourself or your child, speak with your attorney right away.
Additional Resources:
If you are in imminent danger of abuse, please call 911.
Click here for the National Domestic Violence Hotline.
Click here for Battered Women Resources specific to Massachusetts.
Source: https://www.masslegalhelp.org/domestic-violence/restraining-order-to-protect-children-at-school
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