• Are you frightened by your partner's anger?
• Are you afraid to disagree with your partner or go against their wishes?
• Are you constantly apologizing or making excuses for your partner's behavior?
• Do you have to justify everything you do, everyone you see or talk with to avoid his/her anger?
• Does your partner put you down, but tells you that he/she loves you?
• Have you ever been hit, shoved, kicked, pinched or poked, or had things thrown at you?
• Do you avoid seeing friends and family members to avoid your partner's anger?
• Are you afraid to leave your partner because he/she has threatened to harm them self or you?
• Does your partner control all finances and will not let you get involved or have freedom with your own money?
• Have you ever been forced or felt pressured into having sex when you didn't want to?
• Does your partner abuse drugs or alcohol and pressure you to partake in this activity?  Do they use "being drunk" or "high" as an excuse for their violence?
• If you are an immigrant, has your partner ever threatened to have you deported?
• Has your partner ever threatened to take your children away?
• If you are gay, lesbian, bisexual, or transgender, has your partner ever threatened to "out" you to family, friends, or co-workers if you don't comply with certain demands?

If you answered yes to any of the above questions, please call the Domestic Violence Liaison to discuss your rights and options (781) 397-7171.

If you are a victim of domestic violence, the following are your rights for a 209A / Abuse Prevention Order

You have the right to appear at the Superior, Probate and Family, or District Court, given that you reside in the appropriate jurisdiction, and file a complaint requesting any of the following applicable orders:

• An order restraining your batterer from abusing you;

• An order directing your batterer to leave and remain away from your residence;

• An order awarding you custody of a minor;

• An order directing your batterer to pay support for you or any minor child in your custody;

• An order directing your batterer to pay you any losses suffered as a result of abuse, including medical and moving expenses, loss of earnings or support, cost for restoring utilities and replacing locks, reasonable attorneys' fees and other out of pocket losses for injuries and property damage sustained.

In an emergency on weekends, holidays, weeknights (after court business hours end) the police will refer you to a justice of the Superior, Probate and Family, District, or the Boston Municipal Court and seek a complaint for threats, assault and battery, assault with a deadly weapon, assault with intent to kill, or other related offenses.

If you are in need of medical treatment, you have the right to request an officer present drive you to the nearest hospital or otherwise assist you in obtaining medical treatment.  If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and your children can leave or until your safety is otherwise ensured.  You may also request that an officer assist you in locating or take you to a safe place, including but not limited to a designated meeting place for a shelter or a family member's or friend's residence, or similar place of safety.  You may request a copy of the police incident report at no cost from the police department for your records.

Frequently Asked Questions

Who can I obtain a restraining order against?

In order to obtain a 209A Restraining Order against an abuser, your relationship must be one of the following:

• Currently or formerly were in a substantial dating relationship

• A spouse or former spouse

• A present or former roommate/household member

• A blood relative or a present or former relative by marriage

• The parent of your minor child

How do I know if I qualify for a restraining order?

In order to obtain a 209A restraining order, you must be in fear of imminent serious physical harm from your abuser.

Where do I go to apply for a restraining order?

During business hours of the Massachusetts Trial Court, you can go to your district courthouse in order to apply for a 209A restraining order, or you may go to the Probate and Family Court, which handles the jurisdiction/city/county you reside in.  If you have fled the city where you live for safety reasons, you may report to the courthouse in the area where you are staying/living.

During the hours when the courthouse is closed, you may report to any police department in order to obtain an Emergency Order which will protect you until the appropriate courthouse should open, where you will then have to report in order to have your restraining order extended.

What will happen at the court when I apply for a restraining order?

In order to apply for a restraining order, you must report to the Civil Clerk's Office at the appropriate courthouse.  There, you will fill out paperwork containing your information and the abuser's information (i.e.; name, address, date of birth, work address, telephone number, etc.)  You will also fill out an affidavit (sworn statement), which will serve as your written statement to the court as to why you are in need of a 209A restraining order.  After filling out the application forms, you will then report before a judge who will ask you questions to determine the appropriateness of granting you a restraining order.  It is important to put as much information as possible into your affidavit regarding the abuse.

How long will the restraining order last?

It is at the judge's discretion whether or not they will deny or grant your restraining order after reading your application and hearing your testimony at the initial hearing.  If an order is granted, it is typically granted as a temporary order, which is valid for 10-14 days.  If you wish to have the order continued beyond the 10-14 days, you will need to return to the courthouse where you obtained the order, at which time a hearing will take place.  If the defendant has been served with the order, he/she will be present for this hearing.  At this hearing, an order can be continued for up to one year, after which if you return on the anniversary date the order may be extended on a permanent basis.

What happens if I do not show up to the 10 day extension hearing?

If you do not appear at the 10-14 day hearing, the judge will vacate the order.  If you appear and the defendant has been served but does not show up, the order at your request will be extended for one year and/or modified.  If you and the defendant appear, a full hearing will take place in front of a judge, where you and the defendant will plead your case as to why the order should be extended or vacated.

It is recommended by the Malden Police Department that you never fully vacate an order.  We urge you to keep in mind that a restraining order is a tool to keep you and your family safe that can be modified to fit your particular needs.  A restraining order can be a full stay-away or an order that allows you and the abuser contact, but makes abusing you a violation of the order; we refer to this type of order as a "no-abuse" order.

If I am granted a restraining order, who notifies my abuser of the order?

The police department in the city where your abuser lives is responsible for notifying the abuser/defendant of the restraining order.  This process is commonly referred to as "service of a 209A order."  When a police department receives a request for service, the order is processed.  This includes a check to see if the defendant has a license to carry a firearm or an FID card, both of which must be surrendered at the time of service.  The processing stage of the order also ensures that the defendant does not have any current warrants for their arrest, which will require that the defendant be placed into custody (arrested).  During the service attempt stage, a police officer will locate the defendant and serve him or her in hand with the order.  When serving a 209A restraining order, the officer will read the order to the defendant and advise them of the expiration date of the order.  This ensures that the defendant understands what the court has ordered them not to do.  If at the time the order is served, the defendant must vacate the address, the police will stand by to ensure the defendant leaves the premises and will accompany you, the plaintiff, to the home to ensure the defendant has not returned.

What happens next?

The order is active once it is served.  In other words, violating the terms of the order once it is served, is a criminal offense, which may lead to the arrest of the defendant.

If the defendant violates the order, call the police immediately.  Do not hesitate or question whether or not a violation has taken place.  Notify the police who can then determine the necessary actions that may be taken.  One of four criminal applications/procedures may take place when a violation is reported:

1. Clerk Magistrate Hearing:  Magistrate hearings are held to decide if there is enough probable cause for bringing charges for everything from assaults to vehicular homicide.

2. Summons:  A notice summoning a defendant to court

3. Warrant:  A judicial writ authorizing an officer to make a search, seizure, or arrest or to execute a judgment

4. Arrest:  Detaining a defendant in legal custody for a criminal offense

Can the defendant still see our children?  Can I still receive child support from the defendant?

If requested, the judge at the district court level can make a determination of child custody and visitation both supervised and unsupervised, as well as a temporary order of child support on the Emergency and regular 209A orders.  However, the best place to handle family/probate matters is at the Probate and Family Court, where along with obtaining a restraining order, it is at this level that paternity matters, custody, visitation and child support can be ordered.

The Probate and Family Court has jurisdiction over family matters such as divorce, paternity, child support, custody, visitation, adoption, termination of paternal rights, and abuse prevention.  Probate matters include jurisdiction over wills, administration, guardianships, conservatorships, and change of name. The court also has general equity jurisdiction.

In addition to the criminal charges for violating a restraining order, what else can the defendant be charged with?

The following are charges that a defendant can be charged with in conjunction with a 209A order violation and other domestic violence incidents:

• Assault (G.L. c.265, s.13A): an attempt or offer to do bodily injury by force or violence or attempt to batter

• Assault & Battery (G.L. c.265, s. 13A):  a harmful or unwanted touching of another, no matter how slight, without legal right to do so

• Assault & Battery by Means of a Dangerous Weapon (G.L. c.265, s.15): a battery with a dangerous weapon, such as a baseball bat, a shod foot, a knife, or other object either inherently dangerous or used in a way that may cause serious injury or death to another

• Threats (G.L. c.275, s. 2): verbal or written threats to do harm which a victim reasonably believes the abuser can commit

• Trespassing (G.L. c.266, s.120): entering or remaining in a house or on land in violation of a 209A order

• Malicious Destruction of Personal Property (G.L. c.266, s.127): the destruction of or injury to personal property, a house or building in a manner that is willful and malicious

• Stalking (G.L. c.265, s.43a): the willful, malicious and repeated following or harassing of an individual and the making of threats with the intent to place that person in imminent fear of death or serious bodily injury.  The penalties are greater for a conviction of a stalking crime committed in violation of a 209A order.

• Aggravated Assault (G.L. c.265, s.13A(b)): an attempt or offer to do bodily injury by force or violence or attempt to batter by a defendant with the knowledge that there is an outstanding temporary or permanent vacate, restraining order, or judgments issued in effect against the defendant at the time of such assault.

• Aggravated Assault & Battery (G.L. c.265, s.13A(b)): harmful or unwanted touching by another, no matter how slight without the legal right to do so and either 1) causing serious bodily injury as defined in Chapter 209, Section 13A, or 2) the victim being pregnant at the time of such assault and battery and the defendant knew or had reason to know the victim was pregnant, or 3) the defendant had knowledge of an outstanding temporary or permanent vacate, restraining order or judgments issued in effect against the defendant at the time of such assault and battery.

• Aggravated Assault & Battery with a Dangerous Weapon (G.L. c.265, s.15A): assault and battery with a dangerous weapon and either 1) causing serious bodily injury as defined in Chapter 209, Section 13A, or 2) the victim being pregnant at the time of such assault and battery and the defendant knew or had reason to know the victim was pregnant, or 3) the defendant had knowledge of an outstanding temporary or permanent vacate, restraining order or judgments issued in effect against the defendant at the time of such assault and battery, or 4) the victim was a child under the age of 14 and the defendant was 17 years or older.