Court Issued Prevention Orders
Obtaining a Restraining Order:
You must go to the local district court to obtain a restraining order. The Court has trained domestic violence advocates that are there to assist you with completing the paperwork. If court is not in session, the Massasoit Community College Police Department or the police department of the city or town that you reside in can assist you with obtaining an emergency restraining order.
Legal Requirements for obtaining a 209A Protective order:
To get a restraining order, a judge must recognize that you are being abused or afraid of the person you are getting the order against. You can request an order against:
- a spouse or former spouse
- a present or former household member
- a relative by blood or a present or former relative by marriage
- The parent of your minor child
- a person with whom you have or had a substantial dating relationship.
How the Massasoit Community College Police Department or residential police department can help:
When coming to the Massasoit Community College Police Department to obtain an emergency restraining order, we will assist you with completing the application and affidavit (written statement). We will then telephone an “on-call judge” who will review your application and affidavit. The judge will likely want to talk to you on the telephone to determine if the circumstances allow for an emergency restraining order to be issued.
Serving the Defendant with the Order:
The law enforcement agency that has jurisdiction will serve the order to the defendant.
Your appearance in Court:
After obtaining an emergency restraining order you will still need to attend a court hearing, usually 3-10 days after you obtain the order, where a judge will review this order. The court will have an advocate on site to assist you through this process and answer your questions. The defendant will also have a right to contest the order.
What happens at Court:
- All restraining orders are reviewed by a Judge between the hours of 8:30 A.M. and 4:30 P.M. in a courtroom you will be instructed to appear in.
- When your name is called, go to the front of the courtroom, up to the Judge’s bench or where you are otherwise instructed to stand. The microphone records your testimony for the court, it does not make your voice louder.
- For the Judge to issue a restraining order, the Judge must determine that the person seeking the order is in fear of the defendant. This fear can be based on the recent incident and/or the history of abuse.
- You can request that the defendant leave the home and stay away; you can request that the defendant refrain from abuse; you can request custody of your children, support for your children; and restitution for damages caused by the defendant as well as requesting custody of family pets.
- The NO CONTACT portion of the order means the defendant cannot come near you, cannot call you, cannot write you letters or send you cards, cannot send you flowers or leave you notes, and cannot send someone else to talk to or call you on the defendant’s behalf. It does not matter whether the contact involves any threat or not. The defendant simply CANNOT contact you.
- The Judge can order the Police to collect from the defendant any guns, FID card and/or keys to your home, car, etc. If you want any of these taken away from the defendant when he is served with papers by the Police, make sure you ask the Judge to order this.
- If the Judge gives you custody of any children under the age of eighteen, you have temporary legal custody. The decision is YOURS as to whether visitation will occur or not. Many times, individuals arrange for a third party to communicate with the defendant regarding visitation issues. Note: A Probate Court order can overrule the District Court 209A order for custody or visitation.
- The order that you first receive is called the “temporary order” and is valid for up to ten days (according to the court calendar). If you want your restraining order extended beyond the ten-day period, you MUST return to the courthouse on the date indicated on your order. On that day, you can request that the order be extended for up to one year. The defendant has the right to appear at this ten-day hearing. If you are still in fear of the defendant, explain this to the Judge and request an extension of the order. KEEP YOUR COPY OF THE ORDER WITH YOU AT ALL TIMES and make sure that a copy is given to the Massasoit Community College Police Department.
- Often, people requesting a 209A have been the victims of crimes. You have the right to file criminal complaints. In domestic violence situations, the complaints may include assault and battery, assault and battery with a dangerous weapon, threats, malicious destruction, and stalking. Incidents should be reported to the Police Department where the crime was committed. Applications for complaints are filed with the Clerk’s Office. If you have any questions about this process, please call a Victim Advocate in the District Attorney’s Office.
- If at any time you decide to modify or drop the 209A order, you MUST return to the Clerk’s office and have the order changed or dropped (vacated) by the Judge. If the order is not vacated and the defendant has contact with you, the defendant is subject to mandatory arrest. It is recommended that the order names “Massasoit Community College” as a location that the defendant is prohibited from entering.
- If there is any violation of this order, contact the Police immediately. A violation of the order is a criminal offense, and the defendant can be arrested for violating the restraining order.
What to do you when you have received a restraining order and how to make sure the Massasoit Community College is aware of it:
KEEP YOUR COPY OF THE ORDER WITH YOU AT ALL TIMES
Bring your copy of the restraining order as soon as possible to the Massasoit Community College Police Department at the Brockton (SC-145) or Canton campus (C202). The order will then be copied, documented, and entered in our confidential electronic filing system.
Provide an updated copy of the order to the Massasoit Community College Police Department each time that it is amended or modified by the court.
Domestic Violence Resources
The following programs provide services to victims of domestic violence, including shelter, counseling, support groups, and legal assistance. All the services are free and confidential, unless noted otherwise.
National Domestic Violence Hotline 24-hour hotline, 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY)
SafeLink 24/7 Crisis Hotline: (877) 785-2020
24/7 Crisis Hotline: (877) 521-2601 (TTY)
National Domestic Violence Hotline 24/7 Crisis Hotline: (800) 799-7233
Brockton Family and Community Resources 24/7 Crisis Hotline: (508) 583-6498