What are the grounds for a restraining order?

A restraining order is a court order that restricts a person’s behavior. In Massachusetts, a restraining order can be issued in cases of abuse, harassment, and stalking. The grounds for a restraining order in Massachusetts are established by the Abuse Prevention Act (M.G.L. c. 209A). According to this act, certain types of behavior may constitute abuse, including the following: (1) attempting to cause or causing physical harm; (2) placing another in fear of imminent serious physical harm; (3) causing another to engage in sexual relations by force, threat of force, or duress; and (4) engaging in a pattern of conduct that is intended to harass or inflict emotional distress. Any person who feels that they are in danger of being abused may apply for a restraining order by filing a request (called a “complaint”) with the court. In order to obtain a restraining order, the court must find there is good cause, based on the facts presented in the complaint, to restrain the defendant from engaging in certain behavior. A restraining order is a serious legal matter and should not be taken lightly. It is important to understand the law and seek the assistance of a qualified attorney if you are considering seeking a restraining order.

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What are the grounds for a restraining order?

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