The most widely used legal remedy in Massachusetts to prevent further acts of intimate partner abuse is the abuse protection order under Massachusetts General Laws chapter 209A. There are essentially four types of orders intended to protect the recipient from further abuse: emergency orders, temporary orders, permanent orders (issued for longer than one year), and extensions of permanent orders. Emergency restraining orders can be obtained during the time when the court is closed by contacting the local police department. The Massachusetts Abuse Prevention Law enable a "family or household member" to file an application for protection against "abuse" from another "family or household member."

"Abuse" is defined as "causing or attempting to cause physical harm, placing another in fear of imminent serious physical harm, or causing another to engage involuntarily in sexual relations by force, threats or duress."

A "family or household member" includes (a) spouses and ex-spouses; (b) persons who have a "child in common;" (c) persons who "are or were related by blood or marriage;" (d) roommates and ex-roommates and (e) persons who "are or have been in a substantive heterosexual or homosexual dating or engagement relationship."

Procedurally, the first step is the issuance of the temporary restraining order against the defendant. This is usually obtained without notice to the defendant. The defendant is notified after the temporary restraining order has issued against him/her.

Within ten days, a second hearing is held. The plaintiff must appear at this hearing of he/she wants the order extended. If the plaintiff does not appear, the order will usually be allowed to expire. The defendant must appear if he/she wishes to contest the extension of the order. The Defendant has the right to be heard, testify and cross-examine the plaintiff at the ten day hearing. If the defendant does not appear at the hearing, the order will usually be extended.

The orders can issue from either the District Court or the Probate and Family Court. If issued, the order can include, depending on the Court, a prohibition on contacting the plaintiff, an order to vacate the home and/or a suspension of visitation with any minor children.

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