Domestic Violence Resources

In the courts of Hampden County, there will be a Victim Witness Advocate from the District Attorney´s Office to help you complete the paper work and to discuss the option of filing criminal charges against your abuser.  The advocate will assist you.

• A 209A order may be obtained in any district or probate and family court in Massachusetts.
• An emergency 209A order can be obtained through any police department after court hours and on weekends.
• You do not need a lawyer to file for a 209A order.
• You may apply for protection in the district or probate court which serves your community.
• If you find it necessary to flee your home to avoid abuse, you may go to the district or probate court serving the community where you are staying.
• If you need further assistance or do not know where the nearest courthouse is located, contact the local police department for assistance.
• You don´t have to file criminal charges to obtain a 209A order.
• However, criminal charges may be necessary in holding a batterer responsible for acts committed against you.

Generally, a parent or guardian needs to be present, but the Judge can decide to issue a limited 209A order if the minor appears to be in danger.

In some cases, the Department of Children and Families may offer assistance in gaining help for a minor.

Many high schools and colleges also offer support groups for students in violent relationships.

• You may request the Judge to order that the abuser stop abusing you, have no contact with you or a child in your custody and move out of your house or apartment.
• A 209A can provide you with temporary support and custody of your minor children.  Only the Probate and Family Court, however, can decide child visitation rights.
• You may request payment for medical costs due to injuries and loss of wages.
• You may ask that the abuser not contact you and that your new address be kept confidential from the abuser for your safety.
• You must also disclose any other existing 209A order from any court or any probate court action in which you are involved.
• On the application or complaint form for a 209A order you will need to make a sworn statement (affidavit), describing the facts of a recent or past incident(s) of abuse.
• It is also very important to provide as much information about the abuser as possible.

• After you have completed the 209A application form, return it to the clerk and ask when the court will hear the restraining orders.
• They will tell you the time and courtroom location for the hearing.
• At the hearing, the Judge will ask why you need restraining order protection and will review your application forms and affidavit.
• In some courts, a “209A Briefing Session” is held before the hearing and a Court Advocate will explain the hearing process and be with you in the courtroom.
• The Judge may grant or deny the 209A order after speaking with you.
• If the Judge approves the request, you will receive a Temporary Order for up to a ten day period.  Please keep your copy of the order with you at all times!  This means a court date will be scheduled within 10 business days for you to return to court for a Permanent Order.
• The advocate may refer you to a program to discuss possible options (i.e. shelters, housing, public assistance, etc.)
• The police will deliver (serve) a copy of the 209A order to your abuser and will keep a duplicate on file at the police station.
• It is important to provide the police with the abuser’s current home and work addresses so they can serve the order.
• If the order is denied, it is essential to work with the advocate to prepare a safety plan

• The Ten Day Hearing requires that you return to court on the date given on the order, or the order will not be in effect after that date.
• The hearing offers the chance for both parties, you and the abuser, to come before the Judge and offer information (evidence) as to why a permanent 209A order should or should not be granted.
• Bring any hospital records, photographs or police reports you may have for the Judge to review.
• You may also bring a support person with you.
• The abuser may be present at the ten day hearing and may oppose the 209A order.
• If the abuser is not present and has been served with the order, the Judge can still grant the order for up to one year.
• If a 209A order is issued by the Judge for a year, you must return to court for another order at the end of that year or it will be dismissed.
• Any changes in the order before that date must be made by a Judge with both you and the abuser appearing in the same court where the order was first given.
• A request to change or amend the order can be made at the Clerk´s Office.

• Once a 209A order is issued, violation of the terms is a criminal offense.
• Violations of orders to refrain from abuse, for no contact and to vacate a household, multiple family dwelling or workplace can be prosecuted under c. 209A.
• Call the police immediately if the abuser violates the order
• Show the order to the police and explain the violation.  For example: a punch, slap, threat, refusal to vacate the house or apartment, unauthorized contact with you either in person or telephone at your home or work place.
• The police must arrest the abuser if they have reasonable cause to believe or witness that the terms of the order were violated.
• Once a criminal complaint has been issued or an arrest made, the abuser will be charged with the crime or crimes at an arraignment proceeding in the district court.
• A bail hearing will be held to determine whether the defendant/abuser will be released or held in jail until trial.
• If they are released from custody, the court must make a reasonable effort to notify you of the release, even if you are not present in court.
• If you do not call the police, you may be able to file criminal complaints on your own at the Clerk´s Office in the district court.
• A Victim Witness Advocate can assist you with that process.