After you have been charged with assault, the alleged victim may request a protection order to prevent you from attempting to harm, visit, or contact them until the trial, or even longer. Although these protections are civil–in other words, a protection order is not criminal, violating them will result in criminal charges and potentially harsher penalties in your case.
In Massachusetts, there are a variety of protection orders, each with specific requirements and restrictions. Any of these requirements may be referred to as a “restraining order” or “no-contact” order, so it’s important to understand which order you’ve been given—and what type of contact is considered a violation. If you or a loved one have been charged with assault and/or have a protection order or restraining order against you, you should contact a Massachusetts assault lawyer with Nate Amendola Defense for help.
Protection Orders for Violence Against Family Members (209A Order)
A charge of domestic assault will most likely result in a temporary or permanent Abuse Prevention Order, also called a 209A Order. This order specifically prohibits contact between certain family members, ordering the alleged attacker to stay away from the alleged victim and their children. A family member can mean any of the following: people who are married to one another, people who live together, people who are related by blood or marriage, people who have a child together regardless of whether they have ever been married or lived together, or people who have been in a substantive dating or engagement relationship.
To be granted a 209A Order, the plaintiff (the person who has been allegedly abused) needs to show a judge by a preponderance of the evidence that he or she is suffering from abuse. Abuse means any one of the following: attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm, or causing another to engage involuntarily in sexual relations by force, threat, or duress.
An initial order is temporary, usually ten days. If you have a 209A protection order filed against you, you need a skilled criminal defense lawyer in Massachusetts at your side to ensure that you have the zealous legal representation you deserve.
A 209A order may require you to refrain from:
- Appearing at the alleged victim’s home
- Showing up at the alleged victim’s workplace
- Making threats against the alleged victim
- Calling or texting the alleged victim
- Being within unacceptable proximity to the alleged victim
- Threatening or attempting to harm the alleged victim
- Contacting the alleged victim through a third party
- Returning to your shared household
- Contacting the alleged victim through social media
- Contacting children in the alleged victim’s custody
- Making any other indirect or indirect contact with the alleged victim
- Appearing at the school, daycare, or workplaces of the alleged victim’s children
- Possessing any firearms or firearm identification cards to the police
- Having any contact with an animal owned or kept in the alleged victim’s household
If the plaintiff wants to extend the order, a hearing will be held with both the plaintiff and the defendant. At the extension hearing, a plaintiff needs to prove that the order is necessary to protect him or her from the likelihood of abuse and that he or she is in imminent fear of imminent serious physical harm.
A 209A is a civil order but can become a criminal if it is violated. Violating a 209A Order is not just an additional offense, it will be seen as a failure to obey the court’s instructions. A subsequent criminal complaint may be filed against you. Furthermore, your actions when violating the order could lead to a new allegation of abuse, increasing the charges and potential punishments in your case.
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Protection Orders Against Harassment (258E Order)
A Massachusetts Harassment Prevention Order can be issued against anyone, not just a family member. Sometimes called a 258E Order, its goal is to prevent stalking, sexual harassment, or sexual assault of an alleged victim.
A person may be served with a 258E Order if they:
- Committed willful and malicious acts against someone. A harassment order may be served on anyone who has committed three or more intentional acts specifically aimed at the accuser with the intent to cause fear, intimidation, abuse, or property damage, and was motivated by cruelty, hostility, or revenge.
- Forced someone to have sex.258E Orders can be served on any person who forces, coerces, or threatens someone else into having sex at least once.
- Committed a sexually motivated offense against someone.The commission of any rape, statutory rape, indecent assault and battery, assault with intent to rape, criminal stalking, criminal harassment, drugging for sexual intercourse, or enticement of a child may result in a harassment order.
The Consequences of Having a Protective Order Filed Against You
Having a protective or restraining order issued against you in Massachusetts can lead to significant legal and personal consequences. Below is a detailed summary of the potential outcomes:
Legal Consequences
- Criminal Record: While having a restraining order itself is not a criminal conviction, violating the order is a criminal offense. A violation can result in arrest, criminal charges, and a permanent mark on your criminal record, which may impact future opportunities in employment and housing.
Penalties for Violations:
- Misdemeanor Violations: A first-time violation is generally treated as a misdemeanor, punishable by up to 2.5 years in the House of Correction, fines up to $5,000, and possible probation.
- Felony Violations: Repeat violations or those involving physical harm, threats, or the use of a deadly weapon can escalate to felony charges with harsher penalties.
- Firearm Restrictions: Individuals subject to restraining orders are typically prohibited from owning or possessing firearms. This restriction can affect those who rely on firearms for work or recreation
- Mandatory Programs: Courts may require violators to complete certified batterer intervention programs or other counseling as part of their sentence.
Personal and Social Consequences
- Employment Challenges: Many employers conduct background checks that may reveal the existence of a restraining order or related criminal charges, potentially affecting hiring decisions.
- Housing Difficulties: Landlords often perform background checks as well, and having a restraining order on record can make it harder to secure housing.
- Custody and Visitation Rights: Restraining orders can significantly impact family law matters. Courts may view the presence of an order as evidence of risk to a child’s safety, leading to restricted or supervised visitation for parents involved.
- Reputational Damage: The stigma associated with being subject to a restraining order can strain personal relationships and community standing.
Additional Considerations
- Protective orders often require the defendant to vacate shared residences with the petitioner and maintain no contact with them through any means (direct or indirect).
- Violations are taken seriously by law enforcement and courts; even unintentional breaches (e.g., accidental contact) can result in immediate arrest and legal action.
- Non-compliance with the order’s terms—such as failing to surrender firearms or violating custody arrangements—can lead to additional penalties.
Understanding the terms of a protective or restraining order is critical to avoiding these consequences. Seeking legal advice is strongly recommended if you are subject to such an order.
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Defenses for Violation of a Protection Order
If you have been accused of violating a harassment order, you may still have some legal defenses, including:
- You were not served with the order. The Commonwealth has to prove that a valid protection order was issued by the court and that you were properly notified that the order was in effect or knew of its terms.
- Your actions did not violate the terms of the order. This may be an available defense if the order was not in effect on the date of contact, or if the alleged offense was not forbidden by the order.
- The violation was unintentional or accidental.You may have simply shown up in the same place at the same time as the person named in the protection order. In most cases, the court and prosecutors treat technical violations of the order differently than deliberate or intentional violations.
The best way to avoid violating a protection order is to avoid the accuser completely. Do not drive by their home or work, don’t call or message them, and block them on all social media platforms. If the alleged victim contacts you, do not respond. You could be charged with violating the order even if you did not initiate contact.
At Nate Amendola Defense, we help clients favorably resolve domestic violence and sexual assault cases and mitigate the collateral consequences that could negatively impact your life. Contact us today to set up a consultation and get answers to your questions.
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Schedule a Free Consultation with a Massachusetts Criminal Defense Attorney Today
If you’ve been arrested for domestic violence charges, or assault charges and have a protective order or restraining order filed against you, you should speak to an experienced criminal defense attorney in Massachusetts as soon as possible. You can contact us online or call our office directly to schedule your free consultation with one of our top-notch defense lawyers. We have been proudly servicing clients throughout Norfolk County from our office in Norwell, Massachusetts, and surrounding areas such as Plymouth, Barnstable, Nantucket, and more.
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