Restraining Orders

Attorney Lance at her desk with a client

The Massachusetts restraining order statute, Gen. Laws Chapter 209A, is intended to protect individuals from abuse by a family member or romantic partner. Both probate courts and district courts can issue 209A restraining orders. (When courts are closed, there is an emergency judge available whom the police can call to issue restraining orders.)

The court may enter an initial emergency “ex parte” order, meaning the defendant is not notified of the hearing. The emergency restraining order will be served on the defendant with notice of the next hearing date (approximately ten days away), for a full hearing at which both parties may present evidence for the Court to consider extending the order for additional time.

How We Can Help

When the parties have children in common, the probate court has jurisdiction to modify the restraining order regarding custody of children. For instance, if a district court issues a restraining order suspending the defendant’s parenting time, the probate court can issue an order reinstating a parenting schedule.

Attorney Lance represents clients in both probate and district courts, focusing in family law, restraining orders, and criminal defense. She is particularly well-qualified to represent clients in all of their related legal matters.

Attorney Lance represents clients not only at the trial level; she has also prevailed in multiple appeals on cases involving 209A Restraining Orders and 258E harassment prevention orders.

I consulted Andrea about a legal matter that seemed small but threatened to blow up. She was calm, empathetic and supportive, and also smart. She made no false promises but made me feel safe. I would highly recommend her.