Domestic Violence Protection Order - Massachusetts

Before use: The plaintiff applies on the Trial Court's Chapter 209A complaint and affidavit forms. This is a proposed order for court review; only an order issued by a judge has legal effect. The official application packet is at https://www.mass.gov/lists/restraining-orderabuse-prevention-order-court-forms.

COMMONWEALTH OF MASSACHUSETTS

TRIAL COURT OF THE COMMONWEALTH

[COURT DEPARTMENT]

[COURT DIVISION]

DOCKET NO.: [DOCKET NUMBER]

ABUSE PREVENTION ORDER

(Pursuant to Mass. Gen. Laws ch. 209A)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Findings, Representations & Warranties
5. Covenants & Restrictions
6. Enforcement; Default & Remedies
7. Risk Allocation (N/A)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Abuse Prevention Order (“Order”) is issued by the [COURT DEPARTMENT] sitting in [COUNTY], Massachusetts, on [DATE] (the “Effective Date”) in the matter of [PETITIONER FULL LEGAL NAME] (“Petitioner”) vs. [RESPONDENT FULL LEGAL NAME] (“Respondent”).

RECITALS

A. Petitioner has filed a sworn Complaint for Protection from Abuse under Mass. Gen. Laws ch. 209A, alleging that Respondent has committed or threatened “Abuse” as defined herein.
B. The Court has jurisdiction under Mass. Gen. Laws ch. 209A §§ 2–4 and finds good cause to issue this Order to ensure the immediate safety and welfare of Petitioner and any other Protected Parties as identified below.

2. DEFINITIONS

For purposes of this Order, the following terms shall have the meanings set forth below. Defined terms appear in bold throughout this document.

1. Abuse – The occurrence of any of the following acts between family or household members, as defined in Mass. Gen. Laws ch. 209A § 1: (a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; (c) causing another to engage involuntarily in sexual relations by force, threat, or duress; or (d) coercive control. (The § 1 definition of “abuse” was amended by St. 2024, c. 118, effective September 18, 2024, to add coercive control.)
2. Coercive Control – Either (a) a pattern of behavior, or (b) a single act of the kind enumerated in Mass. Gen. Laws ch. 209A § 1, intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member that causes that member to reasonably fear physical harm or to have a reduced sense of physical safety or autonomy (e.g., isolation from support networks; deprivation of basic needs; monitoring or controlling activities, communications, movements, or finances, including by technological means; threats to harm a child, relative, or animal; damaging property; or threatening to publish sensitive personal information, including sexually explicit images).
3. Court – The [COURT DEPARTMENT, DIVISION, & LOCATION] issuing this Order.
4. Firearms Identification Card (“FID Card”) – As defined in Mass. Gen. Laws ch. 140 § 129B.
5. Minor Child(ren) – The minor child(ren) of the parties or in Petitioner’s care as specifically listed in Section 3.4 below.
6. Order – This Abuse Prevention Order, including any attachments, schedules, and subsequent extensions or modifications issued by the Court.
7. Protected Address – [ADDRESS OR “CONFIDENTIAL”]; if confidential, such address shall remain impounded pursuant to Mass. Gen. Laws ch. 209A §§ 3(g) and 8 and applicable court rule.
8. Protected Parties – Collectively, the Petitioner and any Minor Child(ren) or household members specifically identified in Section 3.4.
9. Respondent – [RESPONDENT FULL LEGAL NAME], the individual against whom this Order is directed.

3. OPERATIVE PROVISIONS

3.1 Prohibition Against Abuse

Respondent SHALL NOT abuse the Petitioner or any Protected Party. Abuse includes, without limitation, any act defined in Mass. Gen. Laws ch. 209A § 1, including coercive control.

3.2 No Contact

Respondent SHALL NOT:

a. Directly or indirectly contact or communicate with any Protected Party by any means, including in-person, telephone, text, email, social media, or third-party conduit; and
b. Follow, surveil, or otherwise monitor any Protected Party.

3.3 Stay-Away Distance

Respondent SHALL remain at least [MINIMUM DISTANCE IN FEET / YARDS] from each Protected Party, the Protected Address, any school, childcare facility, or workplace listed in Schedule A.

3.4 Custody / Visitation

Pending further order of the Court:

• Temporary legal and physical custody of the following minor child(ren) is awarded to Petitioner:

1. [CHILD NAME, DOB]
2. [CHILD NAME, DOB]
   • Any visitation by Respondent is [suspended / supervised under conditions in Schedule B].

3.5 Vacate Provision

Respondent shall immediately vacate and remain away from the dwelling located at [ADDRESS] and shall not interfere with Petitioner’s exclusive use and possession thereof. Pursuant to Mass. Gen. Laws ch. 209A § 3(c), an order to vacate shall be for a fixed period, not to exceed one year, subject to extension by the Court.

3.6 Firearms & Licenses

☐ Temporary or emergency order under ch. 209A, § 4 or § 5: The Court finds a substantial likelihood of immediate danger of abuse based on [SPECIFIC FACTS] and orders immediate suspension and surrender under § 3B.

☐ Continuation or modification after hearing under ch. 209A, § 4, or review of a § 3B surrender order: The Court finds that returning the licenses, firearms, or ammunition presents a likelihood of abuse to Petitioner based on [SPECIFIC FACTS] and orders or continues suspension and surrender under § 3C.

If either finding above is selected, the following surrender terms apply:

a. Respondent SHALL surrender to the appropriate law enforcement officials (e.g., the [LOCAL POLICE DEPARTMENT]), immediately upon service of this Order:
i. All firearms, rifles, shotguns, weapons, and ammunition Respondent controls, owns, or possesses; and
ii. Any FID Card, License to Carry (“LTC”), or other firearms permits.
b. Upon service, the surrendering agency shall immediately take possession of the foregoing and may store, transfer, or otherwise dispose of any firearm in accordance with Mass. Gen. Laws ch. 140 § 129D. Any violation of this surrender order is punishable by a fine of not more than $5,000, imprisonment for not more than 2½ years in a house of correction, or both.
c. If suspension or surrender is ordered under § 3B, Respondent may petition the issuing court to review it. The court must hear the petition no later than ten court business days after receiving notice of the petition (Mass. Gen. Laws ch. 209A § 3B).

3.7 Term & Review

This Order shall remain in full force until [EXPIRATION DATE] (not to exceed one year under Mass. Gen. Laws ch. 209A § 3) unless sooner modified, extended, or vacated by the Court after notice and hearing. Where this Order was entered without notice, Respondent shall be given an opportunity to be heard on continuance of the Order no later than ten (10) court business days after entry, pursuant to Mass. Gen. Laws ch. 209A § 4. A hearing is scheduled for [DATE & TIME] at [COURT LOCATION].

3.8 Service of Order

The clerk shall transmit certified copies of this Order and the complaint and summons to the appropriate law enforcement agency forthwith. Unless the Court orders otherwise, that agency shall serve Respondent with the order, complaint, summons, and any firearms suspension or surrender notice and promptly return proof of service to the Court, pursuant to Mass. Gen. Laws ch. 209A § 7.

4. FINDINGS, REPRESENTATIONS & WARRANTIES

4.1 Findings of Fact
The Court finds that the evidence supports abuse within the meaning of ch. 209A, § 1: ☐ physical harm or attempted harm; ☐ fear of imminent serious physical harm; ☐ involuntary sexual relations by force, threat, or duress; ☐ coercive control. Supporting facts: [SPECIFIC FACTS].

☐ Order entered without notice under ch. 209A, § 4: The Court additionally finds a substantial likelihood of immediate danger of abuse based on [SPECIFIC FACTS].

4.2 Respondent’s Representation
Respondent is deemed to have actual notice of and is bound by the terms of this Order immediately upon service.

4.3 Survival
All findings herein shall survive any interim continuances or extensions of this Order.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Duties of Respondent
a. Compliance with all surrender requirements in Section 3.6.
b. The Court may recommend that Respondent attend a certified batterer's intervention program under ch. 209A, § 3(i). If the Court orders visitation and finds it appropriate, it may separately require attendance and completion of a certified batterer's treatment program as a condition of visitation under § 3(d): [CONDITION, IF ORDERED / N/A].

6. ENFORCEMENT; DEFAULT & REMEDIES

6.1 Criminal Enforcement
VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. A violation punishable under Mass. Gen. Laws ch. 209A § 7 may result in a fine of not more than $5,000, imprisonment for not more than 2½ years in a house of correction, or both. Under § 6(7), an officer shall arrest a person the officer witnesses or has probable cause to believe violated a vacate, restraining, or no-contact order.

6.2 Contempt Proceedings
Upon motion of Petitioner or any Protected Party, the Court may initiate civil contempt proceedings for any non-criminal violation.

6.3 Violation Damages and Attorney's Fees
If the Court finds a violation of this Order, it may order Respondent to pay Petitioner damages, including reasonable attorney's fees, under Mass. Gen. Laws ch. 209A § 7. The fee provision does not create a general prevailing-party award in a contempt action.

7. RISK ALLOCATION

[NOT APPLICABLE to abuse prevention orders; indemnification and liability caps are not relevant.]

8. DISPUTE RESOLUTION

8.1 Governing Law
This Order is governed by the laws of the Commonwealth of Massachusetts, including Mass. Gen. Laws ch. 209A.

8.2 Continuing Jurisdiction
The [COURT DEPARTMENT] retains exclusive continuing jurisdiction over all matters arising under or related to this Order.

8.3 Injunctive Relief
Nothing herein limits the Court’s inherent authority to grant additional injunctive relief or other equitable remedies required to protect the safety of Protected Parties.

9. GENERAL PROVISIONS

9.1 Modification or Termination
The Court may modify this Order at any subsequent time upon motion by either party. Under Mass. Gen. Laws ch. 209A § 3, Petitioner may appear at the date and time stated on the Order for its expiration to request an extension or permanent order; the Court may also extend the Order on Petitioner's motion.

9.2 Severability
Should any provision of this Order be held invalid, all remaining provisions shall remain in full force.

9.3 Integration
This Order, including Schedules A–B, constitutes the entire abuse prevention order; no prior oral or written statements are incorporated unless expressly referenced herein.

9.4 Copies & Electronic Signatures
Certified electronic copies and electronically signed counterparts of this Order are legally effective and enforceable as originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Court has caused this Abuse Prevention Order to be issued and entered on the docket on the Effective Date set forth above.

Issued at: [COURTHOUSE, CITY, MA]
Date: [DATE]
Time: [TIME]

_______________________________
[JUDGE’S NAME], Justice
[COURT DEPARTMENT]

Attest:
_______________________________
Clerk-Magistrate / Assistant Clerk

ACKNOWLEDGMENT OF SERVICE

I certify that I personally served a true and attested copy of this Abuse Prevention Order on Respondent.

Date of Service: [DATE]
Time of Service: [TIME]

_______________________________
Signature of Server
Name & Title: [SERVING LAW ENFORCEMENT OFFICER]
Badge/ID: [BADGE]

SCHEDULE A – STAY-AWAY LOCATIONS

(Attach additional pages if necessary)

SCHEDULE B – SUPERVISED VISITATION PROTOCOL

[Describe exchange location, supervisor qualifications, frequency, and duration.]

Statutory Authority: Mass. Gen. Laws ch. 209A §§ 1–7 (definition of “abuse” in § 1 amended by St. 2024, c. 118, eff. Sept. 18, 2024, to add coercive control); Mass. Gen. Laws ch. 140 §§ 129B, 129D (firearms).