Abuse Prevention Orders

Abuse prevention orders are commonly known as restraining orders.

If you do not feel safe, you may apply for a restraining order at District Court (or through the local police if the Court is closed) to help protect yourself and your family from:

You can only get a restraining order if the abuser is:

• A person to whom you are or were married
• A person you are or were in a dating or engagement relationship
• A person you haven’t been married to but are or were related to by blood or marriage (for example, cousin, brother-in-law, brother
• A person with whom you have had a child, regardless of whether you have ever been married or lived together
• A person you are not related to currently but are or formerly were members of the same household

Restraining Orders may be customized to include (but are not limited to);

• An order not to commit further abuse
• A “no contact”, stay-away order (from home, work, and/or school)
• A vacate order to leave a shared residence
• An order directing your attacker to pay you for losses suffered as a result of the abuse, including medical and moving expenses, cost for restoring utilities and replacing a lock, and other out-of-pocket losses for injuries and property damage sustained.

State Specific Guidelines:

Massachusetts

• Restraining Order:
  • Also known as a 209A Order or Abuse Prevention Order
    • Provides protection from physical or sexual harm which can be caused by force, or threat of harm. 
  • You can get an order against:
    • Spouse or former spouse 
    • Present or former household member
    • Relative by blood or a present or former relative by marriage
    • Parent of a minor child
      • Does not matter if they were married or even lived together
• How to Obtain Restraining Order
  • Through any district, superior, or probate and family court in MA
  • Emergency orders are available through any police department after court hours and on weekend 
• What to Submit
  • An affidavit (which is a sworn statement) describing the facts of a recent or past incident.
    •  It is necessary to provide the abuser’s work address, telephone, birth date, and social security number.
• What the order does:
  • Stop or refrain from abuse 
  • Have no contact with the victim 
  • Vacate or remain away from a house or workplace
  • Surrender all firearms identification cards 
• https://www.mass.gov/service-details/restraining-orders-for-victims-of-domestic-violence
• How to access the forms:
  • https://www.mass.gov/lists/restraining-order-abuse-prevention-and-harassment-prevention-court-forms

New Hampshire

• You can get an order against
  • A family/household member
  • A former partner 
  • A current partner
  • Sexual or intimate partner
• According to N.H. Rev. Stat. § 173-B:1(I),(X),(XV) a partner is  someone who you currently or formerly had a romantic relationship with (it doesn’t matter if you never had sexual relations with this person)
• To apply in New Hampshire, you would have to go to a courthouse and fill out the paperwork. 
• The judge then will hold a hearing within 30 days of the serving of the defendant/abuser

Rhode Island 

• You can get multiple violence restraining orders such as domestic violence and workplace violence. 
• For more information on getting a restraining order or a no-contact order in Rhode Island visit – http://www.ricadv.org/en/restraining-orders
  • Domestic Violence Orders
    • Emergency Order:
      • Over the phone – expires within a business day. After doing so, you would need to go to the Court to extend it. These orders are usually given when the Courts are closed and you need immediate protection. 
    • Temporary Order:
      • You need to file in Court for this order. This order is usually given if the Court believes that an immediate and severe, injury, loss, or damage will happen to you. 
    • Final Order:
      • This order lasts up to three years and you can extend it after that time as well. You can still get an order if the abuser doesn’t show up to Court. 
    • RI Gen. Laws § 15-15-4(b); § 8-8.1-4(b)
    • RI Gen. Laws §§ 8-8.1-4(a)(2); 15-15-4(a)(2)
    • RI Gen. Laws §§ 8.8-1.3(i); 15-15-3(m)(2)

Saheli advocates can help you to get a restraining order. Call Saheli at 866-472-4354  or an advocate at any shelter or anti-domestic violence agency for help and more information