Served with a Restraining Order?You have 10 days to defend yourself.

First: do not contact the protected party — not in person, not by phone, not through a third party, not on social media. Any contact, even accidental or well-intentioned, can be a criminal violation. Second: read the order carefully and note the return hearing date. Third: call an attorney before doing anything else. The decisions you make in the first 48 hours often shape the rest of the case.

A 209A (Abuse Prevention Order) applies to family, household, or dating relationships — it carries a lower legal threshold and broader remedies including no-contact, vacate, and stay-away orders. A 258E (Harassment Prevention Order) applies to non-family situations like neighbors, co-workers, or acquaintances, and requires a higher proof standard — typically three or more acts of willful and malicious conduct.

The steps to fight an order of protection under 258E therefore differ from a 209A defense, and a protection order lawyer will build the case around that higher standard.

Restraining orders themselves are civil, not criminal — but they can appear in background searches and CORI checks depending on the type of check and the requester. Violations are criminal and will appear. Defendants in professional or licensed fields should treat this seriously and act quickly.

Cost depends on the complexity of the case, the court, and whether it extends past the initial return hearing. We offer a free, no-pressure consultation where we lay out the work involved and a clear fee structure before anything else. Most restraining order defenses are handled on flat fees rather than hourly billing so there are no surprises.

Leave immediately. Do not speak, wave, or attempt to explain anything. Document the date, time, and circumstance — and call your attorney as soon as you can. Accidental contact is not a defense to a violation charge under c. 209A § 7, so the way you respond in the moment matters a lot.

In Massachusetts, the records of restraining orders are maintained by the state. Expungement of a 209A is possible only in very narrow circumstances — most often where the order was issued through fraud. The far better path is to defeat the order at the return hearing before it becomes permanent.

Under MGL c. 209A § 3B, the court will typically order the immediate surrender of any firearms, ammunition, FID, and LTC. Compliance is not optional — failure to surrender is a separate criminal offense. We help clients navigate the surrender process and, where possible, the restoration of rights once the order is resolved.

False or exaggerated allegations happen — particularly in contested divorces and custody disputes. At the return hearing, we surface the contradictions: text messages, social media, witnesses, video, and timeline inconsistencies. A well-prepared defense often turns the case on the very evidence the plaintiff hoped would prove it.

You are not required to have one, but the return hearing is usually the only meaningful chance to keep the order off your record. The plaintiff may bring counsel; the standard of proof is low; and the judge decides on the evidence actually in front of them. A restraining order attorney gathers the texts, witnesses, and timeline the court never saw at the ex parte hearing. Consultations are free and available 24/7.