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      In this article, Attorney Westra contributed insight regarding the Massachusetts Order of Protection. Her comments highlight what it is and how it applies to victims who need this protection. Published in the Fall 2021 edition (September to November), the article appears on page two of the newsletter's PDF, below. The content is provided here, below.

             Do You Need An Order Of Protection From The Massachusetts Court System? 

                       By Attorney Sarah Westra, In Association with Pinta Law Group, LLC  

      Protection orders in Massachusetts are commonly referred to as “restraining orders” and that is their practical effect – they most often restrain one person from coming near the protected person or doing or saying something directed at the protected person.  However, what people do not often understand is there are two types of “protection orders:” (1) Chapter 209A or Abuse Prevention Orders, and (2) Chapter 258E or Harassment Prevention Orders.  Despite their similar, practical effect – prohibiting one person from doing/saying something to another – the requirements to obtain either order are quite different and essentially depends upon the relationship between the parties and the standard a plaintiff has to meet in order to obtain either order.    

      First, an Abuse Prevention Order requires that the parties be either in a dating relationship; reside in the same household; or, are related by blood or marriage.  A Harassment Prevention Order (HPO) has no such requirement.  The relationships between parties seeking an HPO are often neighbors or past friends.    

      Secondly, in order to obtain an Abuse Prevention Order, you must establish “abuse” as defined by law.  The law defines “abuse” as: (1) Actual physical harm; (2) Attempted or threatened physical harm; (3) Substantial fear of imminent serious bodily harm or; (4) Forced sexual contact.  By definition, this means, that you do not need to have actually been physically abused in order to request an Abuse Prevention Order against a former partner or relative.  But rather, you can show that you are in fear of imminent serious bodily harm.  

      In the case of a Harassment Prevention Order, most commonly, the plaintiff must establish three instances of “harassment” as defined by law.  The law defines harassment as: willful and malicious conduct, directed at a particular person, with the intent to cause fear, intimidation, abuse, or damage to property.  Alternatively, a plaintiff can show that the person forced or threatened to force sexual contact or committed one of the following crimes against you: indecent assault and battery, rape, statutory rape, criminal stalking, criminal harassment, enticement of a child or drugging for sexual intercourse.   

      These orders of protection are often initially issued on an ex-parte basis – meaning only the person seeking the order is present.  There will then be a second hearing, one where both parties have the opportunity to be present and present their case for why the order either should or should not be extended.  The court can extend the initial order for up to one year.  After that one-year date, the plaintiff must return to court and request that the order be extended and detail the basis for that request.   

      Orders of protection are civil in nature; however, a violation of an order is a criminal offense and one that the Courts take very seriously.  As a criminal defense attorney, with over a decade of experience, representing both plaintiffs and defendants on both sides of these issues, it is my hope that this article clarified some of the common misconceptions surrounding protective orders in Massachusetts and detail what exactly is required if you feel you are in need of such an order.