Navigating the court system can be an overwhelming and confusing process. Independence House provides victims of domestic and sexual violence with information about legal options, safety planning and assistance with restraining order applications through our SAFEPLAN Program. Clients are not required to press charges to receive assistance.
Independence House SAFEPLAN advocates can assist survivors with 209A (abuse prevention) and 258E (harassment prevention) order applications.
Massachusetts state law, Chapter 209A, recognizes specific relationships as eligible for restraining orders.
You may request an Abuse Prevention Order (a “209A”) from Probate or District Court if:
- You and your abuser are or were:
married,
Or residing together in the same household,
Or in a substantive dating or engagement relationship,
Or related by blood or marriage,
Or you have a child in common; - and you are suffering from abuse because your abuser has:
harmed or attempted to harm you physically,
or put you in fear of imminent serious physical harm,
or caused you to engage in sexual relations involuntarily by using force, threat or duress; - and you:
currently live within the geographical area of the court in you file the complaint.
Or used to live within the geographical area of the court in which you filed the complaint, but you left to avoid abuse.
Most recently Massachusetts has passed a new law allowing victims of stalking, sexual assault and/or harassment to obtain a harassment order against his/her perpetrator.
You may request a Harassment Prevention Order (258E) against someone if:
- You are suffering from harassment because: a. someone has committed 3 or more acts:
i. That were willful and malicious,
“Malicious” means characterized by cruelty; hostility or revenge.
ii. and were aimed at you,
iii. and were intended to cause you fear, intimidation, abuse or damage to property,
“Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.
iv. and did in fact cause you fear, intimidation, abuse or damage to property;
b. or someone has caused you at least once to engage in sexual relations involuntarily by using force, threat or duress;
c. or someone has committed against you at least once an act that violates the statutes of indecent assault and battery, rape, statutory rape, assault with intent to rape, enticing a child, criminal stalking, criminal harassment, or drugging for sexual intercourse (Please see General Laws chapter 265 section 13b for more information on these statutes).
2. and you currently live within the geographical area of the course in which you file the complaint.
For a downloadable form with eligibility information please click here.
Please note: Independence House does not issue restraining orders or harassment prevention orders, and any changes to an existing order must be done through the court system. All decisions regarding restraining and harassment prevention orders are up to the presiding judge.
For more information please contact ihsafeplan@indhouse.net or call 508-771-6507.
