If you’re accused of violating a restraining order in Massachusetts, you could face serious penalties. These include jail time of up to 2.5 years, fines up to $5,000, or both. The court may also impose additional probation terms. Even a seemingly minor violation, like sending an email, can lead to arrest and criminal charges. Remember, violating a restraining order is a criminal offense, not just a breach of civil protocol.
Understanding Restraining Orders in Massachusetts
A restraining order, also known as a 209A order, is a legal order issued by a Massachusetts court to protect individuals from abuse, threats, or harassment. These orders are civil, but they carry criminal penalties for violations. Types of violations can include:
- Direct contact: Any form of communication, including in-person, phone calls, texts, emails, or social media messages.
- Physical closeness: Being within a specified distance of the protected person’s home, workplace, or other locations.
- Third-party contact: Using another person to relay messages or gather information about the protected individual.
- Threat to property: Actions that threaten or cause harm to the protected person or their property.
Restraining orders in Massachusetts are typically valid for a maximum of one year but can be extended by the court.
Penalties for Violating a Restraining Order
Violating a restraining order in Massachusetts can lead to severe penalties. The legal system takes these violations seriously to ensure the safety and well-being of protected individuals. The consequences can include:
- Arrest and detention: Immediate arrest by law enforcement, followed by detention until a court hearing.
- Criminal charges: Filing of criminal charges, typically resulting in a misdemeanor offense, but can escalate to a felony under certain circumstances.
- Significant fines: A violator may be required to pay a fine, depending on the severity and nature of the violation.
- Imprisonment: Potential jail time, which may range up to two and a half years, depending on the severity of the violation.
- Probation: Assignment of probation with specific conditions, such as mandatory counseling, community service, or regular check-ins with a probation officer.
Violating a restraining order will also show up on your record and can hinder your ability to get a job or pursue other opportunities.
What to Do If Accused of a Violation
If you are accused of violating a restraining order, it’s essential to take immediate action to protect your rights and future. Here are some steps to consider:
- Avoid Further Contact: Ensure that another violation doesn’t occur by keeping your distance from the alleged victim and ceasing all forms of communication.
- Seek Legal Representation: Contact an experienced Massachusetts criminal defense attorney as soon as possible. An attorney can help you understand your rights, explore potential defenses, and guide you through the legal process.
- Understand Potential Defenses: Work with your attorney to explore possible defenses to the restraining order violation. Strategies may include:
- Never being properly served with the restraining order
- Accidental or unintentional contact
- False accusations or misidentification
- Lack of evidence to prove the violation
- Comply with the Order: It is vital to comply with a restraining order, even if the alleged victim invites you into their house, because if they change their mind later, you may still be charged
Legal Implications of a Violation
Violating a Restraining Order, whether it’s a 209A Abuse Prevention Order or a 258E Harassment Prevention Order, can result in immediate arrest and criminal charges. It’s important to comprehend that even seemingly minor order violations, like sending an email, can lead to serious consequences. This is why legal representation is critical in navigating the complexities of Massachusetts law, especially if the alleged violation was unintended or a result of false accusations.
Firearms and Restraining Orders
Restraining orders may contain provisions that forbid the restrained individual from possessing a firearm. In Massachusetts, this is covered by Section 129B of Chapter 140 of the Massachusetts General Laws. If someone subject to these specific conditions is then found with a firearm, they will be subject to state charges for violating the restraining order, as well as federal charges. A person who violates the federal law that prohibits a person under a restraining order from possessing a firearm will face up to ten years in prison, as well as a serious fine.
Victim's Role and Safety
Breaking a restraining order not only leads to legal trouble for the accused but also adds stress to the person who sought protection. To avoid serious penalties, anyone under a restraining order must understand and follow all its rules. Following the restraining order helps keep everyone safe and respects the legal process. If the defendant violates the no abuse, no contact, leave the home, stay away from home/work, or surrender firearms terms of the order, the plaintiff should contact the local police department immediately and tell them what happened.