The existence of a 209A protective order — also known as a restraining order — is a central feature of many domestic cases, and it deserves careful explanation.
Emergency (Ex Parte) Orders
A 209A order can be issued on an emergency basis — meaning before the defendant has had any opportunity to be heard — if an alleged victim shows a judge that they are in reasonable fear of immediate serious physical harm. These emergency orders are sometimes called ex-parte orders because they are issued with only one party present.
The immediate and dramatic effects of an emergency order can include:
- Requirement that the defendant leave the home they share with the alleged victim
- Prohibition on any contact with the alleged victim or their children
- Restrictions on the defendant’s ability to be in certain locations
Violation of a 209A order is itself a criminal offense, carrying up to two and a half years in jail. This means that even innocent contact — a text message, bumping into each other in public — can result in new criminal charges on top of the underlying domestic matter.
The Extension Hearing: A Critical Opportunity
The hearing to extend or vacate the 209A order typically occurs within ten business days of the emergency order’s issuance. This hearing is critically important and frequently underestimated by defendants who are not represented by counsel.
At the extension hearing, the alleged victim has the opportunity to explain why they believe the order is necessary. The defendant has the opportunity to contest it. Having an attorney present at this hearing — prepared to cross-examine the alleged victim and present the defendant’s perspective effectively — can make the difference between:
- An order extended for a year or more, and
- An order that is vacated entirely
Given the practical consequences of a restraining order on your ability to live in your home and have contact with your children, this hearing deserves vigorous preparation. It is not a formality.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
