(F)requently (A)sked (Q)uestions
What is the legal definition of abuse?
Chapter 209A, the Massachusetts Abuse prevention Act,
defines abuse as the occurrence of one or more of the
following between family or household members:
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.
What is an Abuse Prevention Order?
An Abuse Prevention Order, called a "209A Order," or a
"protective order," or a "restraining order," is a civil
court order intended to provide protection from physical or
sexual harm caused by force or threat of harm from a family
or household member.
Who is a family or household member?
Chapter 209A, the Massachusetts Abuse Prevention Act,
defines family or household members as persons who:
a) are or were married to one another;
b) are or were residing together in the same household;
c) are or were related by blood or marriage;
d) having a child in common regardless of whether they have
ever married or lived together; or
e) are or have been in a substantive dating or engagement
relationship.
Where can I get a 209A Order?
A 209A Order can be obtained in any District Court, Superior
Court, or Probate and Family Court in Massachusetts. Should
you decide to go to the District or Superior Court to obtain
a 209A Order you may go the respective court in the area
where you live or, if you have fled to another area to avoid
abuse, you may go to the respective court in the area you
have now taken up residence.
Go to the Clerk's Office in the court and ask for a
"protective order," or a "209A Order," or "restraining
order." You will receive a packet of forms to complete,
which is your application for a protective order.
I live in Acushnet, which court can I go to?
New Bedford District Court, Sixth Street, New Bedford, MA.
The court is closed, how do I get a 209A Order?
An emergency 209A Order can be obtained through any police
department after court hours, on weekends and holidays. You
do not need a lawyer to make application for a 209A Order
and there is no charge for filing. Be sure to call the
police department which has jurisdiction over the area you
reside in. You can contact the Acushnet Police
Department at 508-998-0240
What happens if my abuser violates the 209A Order?
Once a 209A Order is issued, violation of any terms of the
order is a criminal offense. The police must arrest the
abuser if they believe or can see that the terms of the
Order were violated. If you do not call the police, you may
be able to file an application for criminal complaint on
your own at the Clerk's Office in the District Court. A
Victim/Witness Advocate can assist you with that process.
It is recommended that if your abuser violates the Order,
call the police immediately.
How will my abuser find out about the restraining order?
The police department will be given a copy of the
restraining order which they will give to your abuser. This
is called "service."
How much does a restraining order cost?
There is no cost to obtain a restraining order.
Do I need a lawyer?
No. You do not need a lawyer to file for a 209A restraining
order, but an attorney may represent you if you choose.
Last updated
11/07/2007
© 2005 Town of Acushnet
Police Department All Rights Reserved