209A Restraining Orders FAQ: A Criminal Defense Perspective (2024 Update)

1. What is a 209A Restraining Order?

A 209A Restraining Order, also known as an Abuse Prevention Order, is a court order issued ostensibly to protect individuals from abuse by a family or household member. Massachusetts law defines abuse as including physical harm, threats of imminent harm, forced sexual relations, and, following recent amendments, coercive control. Coercive control includes behaviors like isolation, financial control, harassment, and manipulation intended to undermine autonomy or safety.

As former prosecutors with decades of experience, Attorneys Murat Erkan and Ryan P. Sullivan have handled every aspect of 209A restraining orders. This includes both prosecuting violations and defending against allegations. We bring this unique perspective, and over forty years of combined experience, to build a proactive and strategic defense for our clients.

2. Who can request a 209A Restraining Order?

To request a 209A Restraining Order, the accuser must prove:

1. A qualifying relationship exists: This includes current or former spouses, cohabitants, relatives, co-parents, or individuals in a substantive dating relationship.
2. Current abuse is occurring: The accuser must show they were harmed physically, threatened with imminent harm, coerced into sexual acts, or subjected to coercive control.

We can scrutinize the application for failure to make the requisite showing. If the statutory criteria are not met, we are prepared to challenge the validity of the order at every step. Many times, affidavits supporting these requests fail to establish the necessary elements, and our attorneys will identify these deficiencies to protect your rights.

3. What is coercive control, and how does it affect restraining orders?

Under the 2024 amendments, abuse now includes coercive control, which refers to patterns of behavior aimed at isolating, intimidating, or controlling another person. Examples include:

• Monitoring activities or communications.
• Controlling access to finances or necessities.
• Threatening harm to children, pets, or relatives.
• Damaging property or threatening to release private information.

This expanded definition broadens the scope of allegations that can support a 209A order. Our team will scrutinize claims of coercive control to ensure they meet the legal requirements and are not based on subjective or exaggerated interpretations.

4. What happens if a 209A Restraining Order is filed against me?

The process involves two stages:

1. Ex Parte Hearing: The accuser may request a temporary order without your presence. This order is valid until a full hearing, typically within 10 days.
2. Full Hearing: Both parties present evidence, and the judge decides whether to issue an extended order.

It is crucial to have an attorney by your side during the full hearing. Because the knee-jerk response of many judges is to issue any restraining order requested, it is important to make sure you have the help of lawyers with the knowledge and the fortitude to require judges to dismiss restraining orders that fail to make the statutory showing.

5. What are the consequences of having a 209A Restraining Order issued against me?

A restraining order can have serious consequences, including:

• Employment and Education: Public records of the order may affect background checks, professional licenses, and school opportunities.
• Criminal Implications: Violating the order is a criminal offense, subject to arrest and prosecution. Restraining orders can also negatively impact bail arguments in future criminal cases.
• Firearm Restrictions: You may be required to surrender firearms and licenses.
• Custody and Housing: The order may limit your ability to see your children or stay in your home.

Even if you agree that contact is not advisable, defending against the order is critical to protecting your reputation and avoiding long-term damage.

6. How can Erkan & Sullivan, P.C. help defend against a 209A Restraining Order?

We employ a proactive and detail-oriented approach to defense:

• Challenging the Evidence: We analyze the accuser’s affidavit for inconsistencies, lack of corroboration, and missing legal elements.
• Exposing Motives: Many orders are sought during custody disputes or as leverage in other legal matters. We will uncover and present these ulterior motives.
• Uncovering Technical Issues: Restraining orders must meet strict legal requirements. Our attorneys’ ability to identify and exploit technical flaws can result in orders being dismissed or charges being reduced.

Our unique experience as former prosecutors enables us to anticipate the government’s strategies and negotiate effectively with prosecutors when necessary.

7. Can I fight a temporary restraining order before the full hearing?

No, you cannot challenge a temporary order before the full hearing. However, preparation for the hearing is critical. A well-prepared defense can prevent an extended order and protect your record from further harm.

8. What should I do if I am accused of violating a 209A Restraining Order?

Violating a restraining order is a criminal offense with serious consequences, including:

• Arrest and criminal charges.
• Potential jail time and fines.
• Additional restrictions and loss of rights.

We will investigate the alleged violation, examining whether it was unintentional, based on false accusations, or lacked sufficient evidence. Our team will fight to protect your rights and minimize any penalties.

9. What are common technical problems with 209A Restraining Orders?

Many restraining orders have technical deficiencies, such as:

• Lack of a qualifying relationship.
• Insufficient evidence of abuse.
• Affidavits that fail to establish coercive control or imminent harm.

Our team meticulously reviews the case for these flaws, often uncovering critical issues that can lead to dismissal or non-issuance of the order.

10. Why should I choose Erkan & Sullivan, P.C. to defend against a 209A Restraining Order?

With decades of experience in criminal law, Attorneys Murat Erkan and Ryan P. Sullivan have handled virtually every aspect of restraining orders. As former prosecutors, we know how the government builds these cases—and, more importantly, how to dismantle them. Our commitment to thorough investigation and strategic defense gives our clients a distinct advantage in court.

Whether challenging the issuance of an order or defending against alleged violations, we are relentless in our pursuit of justice for our clients.

If you or a loved one is the target of a 209A Restraining Order, call Erkan & Sullivan, P.C. at (978) 474-0054 or send us an email. We will help you understand your options, plan your defense, and fight to protect your rights and reputation.