A restraining order is generally a civil court order, but violating certain provisions of a Massachusetts restraining order can result in criminal charges. A person accused of a violation may be arrested and face a new criminal case even when the alleged contact was brief, no violence occurred, or the protected person initiated the communication.

This can come as a surprise to someone who believes that responding to a text message, returning a phone call, or agreeing to meet is permissible because the other person consented. Once a court issues an abuse prevention order, however, the defendant must comply with its terms unless and until the court modifies or terminates it.

For anyone accused of violating a Massachusetts restraining order, understanding exactly what the order prohibited and what allegedly occurred can be critical to the defense.

What Is a Restraining Order in Massachusetts?

The term “restraining order” is commonly used to describe several types of protective orders. One of the most common is an abuse prevention order issued under Massachusetts General Laws Chapter 209A. These orders are generally available when the parties have certain family, household, dating, or intimate relationships.

Massachusetts also has harassment prevention orders under Chapter 258E, which can apply in circumstances that do not require the same type of relationship.

A Chapter 209A order can contain several requirements. Depending upon the case, a defendant may be ordered not to abuse or contact the plaintiff, to stay away from the plaintiff’s residence or workplace, to leave a shared home, or to surrender firearms.

The precise language of the order matters because a criminal prosecution for violating it depends upon what the defendant was actually prohibited from doing.

What Can Constitute a Violation?

A violation does not necessarily require physical contact or a new act of violence.

If an order prohibits contact, a phone call, text message, email, social media message, card, gift, or other communication may potentially violate it. Massachusetts court guidance also warns that using another person to contact the plaintiff can violate a no-contact provision.

A stay-away provision can create different issues. A defendant may be required to remain a specified distance from the plaintiff, residence, workplace, school, or another location identified by the order.

Even an unexpected encounter needs to be handled carefully. Massachusetts guidance instructs defendants subject to no-contact orders that if the plaintiff arrives at the same location, the defendant should leave as quickly as possible—even if the defendant was there first.

What If the Protected Person Initiates Contact?

This is one of the most important and frequently misunderstood aspects of a restraining order.

Suppose the plaintiff sends the defendant a text message saying that the dispute is over and asks to meet. Or the plaintiff calls and says it is acceptable to come home. The defendant may understandably believe that responding is permissible.

It may not be.

An abuse prevention order is an order of the court. The plaintiff does not have the legal authority to suspend its requirements simply by consenting to contact. Only the court can modify or terminate the order.

As a result, responding to communication initiated by the protected person can still expose the defendant to allegations of violating the order. The safest course is to continue following the existing order unless the court changes it.

Can Police Arrest Someone for an Alleged Violation?

Yes.

Massachusetts requires police to arrest a defendant when they witness or have probable cause to believe that certain criminally enforceable provisions of a Chapter 209A abuse prevention order have been violated.

This means an allegation of prohibited contact can quickly become a criminal matter. Police do not necessarily need to witness the alleged communication themselves. Depending upon the circumstances, text messages, call records, social media communications, witness statements, photographs, or other evidence may contribute to a probable-cause determination.

The criminal case that follows is separate from the underlying civil proceeding in which the restraining order was issued.

What Are the Penalties for Violating a Restraining Order?

Under Massachusetts law, violating a Chapter 209A abuse prevention order can be punished by a fine of up to $5,000, imprisonment for up to two and one-half years in a house of correction, or both.

A conviction can also have consequences beyond the immediate sentence. Depending upon the individual’s circumstances, a criminal record may affect employment, professional opportunities, immigration matters, firearms rights, and other aspects of life.

Massachusetts law also generally requires a defendant convicted of violating a Chapter 209A order—or receiving a continuance without a finding for a violation—to complete a certified batterer’s intervention program unless an applicable exception is found by the court.

Violations of Chapter 258E harassment prevention orders can likewise constitute criminal offenses and carry significant penalties.

What Defenses May Apply to a Restraining Order Violation?

Being accused of violating an order does not automatically mean the defendant will be convicted.

The prosecution must prove the elements of the criminal charge beyond a reasonable doubt. The circumstances surrounding the order and alleged violation therefore matter.

One issue may be whether the defendant had appropriate notice or knowledge of the order and its relevant terms. Another may be whether the alleged conduct actually constituted prohibited contact or violated a particular stay-away requirement.

Identity can also be disputed. Allegations involving electronic communications may raise questions about who actually sent a message or controlled an account. Other cases may involve conflicting accounts of where the defendant was, what occurred during an encounter, or whether the conduct was intentional.

The protected person’s consent generally does not authorize a violation, but the surrounding circumstances may still be relevant to understanding what actually happened.

Do Not Try to Resolve the Situation Directly

After being accused of violating a restraining order, attempting to “clear things up” directly with the protected person can make the situation considerably worse.

Additional calls, texts, social media messages, or communications through friends and relatives may lead to further allegations. A defendant should carefully follow every provision of the existing order while the criminal case is pending.

If circumstances have changed and contact is necessary for legitimate reasons involving children, property, or another matter, the appropriate solution may involve asking the court to modify the order rather than privately agreeing to disregard it.

Responding to a Restraining Order Violation Charge in Massachusetts

An allegation of violating a restraining order should be taken seriously even when no physical violence occurred. What may appear to be a harmless text message, brief encounter, or mutually agreed-upon conversation can potentially result in arrest and criminal prosecution while the order remains in effect.

A Massachusetts criminal defense attorney can review the restraining order, determine precisely what conduct it prohibited, examine the evidence surrounding the alleged violation, and identify defenses that may apply. Anyone accused of violating an abuse prevention or harassment prevention order should consider obtaining legal representation promptly and should continue complying strictly with the order unless and until a court changes it.