Massachusetts Abuse Prevention Law

The Belmont Police Department Will:

• Use all reasonable means to prevent further harm or abuse.
• Remain on the scene as long as you are in physical danger and/or arrange to take you to a place you feel safe.
• Assist you in obtaining medical treatment.
• Give you a copy of the 209A law explaining your rights. (Link to Copy)

Who the Abuse Prevention Order Can Cover:

• A Spouse or ex-spouse.
• A person related by blood or marriage
• Any person living in your household or a former household member.
• Parent of your minor children
• A person that you are having or have had a substantial dating relationship with.
• A person with whom you have a child in common.

Types of Court Orders, and What An Order Can Cover:

• A Restraining Order: Is an order from the Court that orders the abuser not to hurt you, not to attempt to hurt you, or not to threaten you.
• A Vacate Order: If you and the abuser share the same residence, the abuser is ordered to leave the residence. This may be ordered regardless of who owns or pays rent for the residence.
• A Temporary Custody Order: If you are a parent, the Court may order that you have temporary custody of any minor children and prohibits the abuser from taking custody. Any and All Visitation rights can only be ordered by the Probate Court.
• A Temporary Support Order: If the abuser is a parent, the Court may order child support payments be made for the child or children remaining in your care. If you are married, the Court may order the abusing spouse to pay living expenses.
• A Money Compensation Order: This may be ordered to repay you for expenses incurred as a result of the abuse, such as medical expenses or lost wages.
• Additional Orders: If you need other specific orders (for example, for the abuser to stay away from work, have no contact with you, return house keys, return property, etc.) you may request that the Court include them in your order.

How to Request an Abuse Prevention Order:

There is NO COST to obtain an Abuse Prevention Order

You must go to the Clerk’s Office of the District Court, Superior Court, or Probate Court having jurisdiction over where you live or where the abuse occurred. You should tell the clerk that you wish to file a petition for an Abuse Prevention Order or a 209A Petition. You may be asked to complete a form or to write a statement describing why you are requesting an Abuse Prevention Order. In case of an emergency, when the courts are closed, or if your are unable to arrange safe transportation to the Court, please contact the Belmont Police at:

9-1-1 (Emergencies Only, Please)

(617) 484-1212 (Non-Emergencies)

The Temporary Order: (If the order is obtained at a police station, this process may vary)

After you have completed the application form, you will go before a judge and explain why you need the order. At this time the judge can only issue a Temporary Order valid up to ten (10) days. A court date will be set up within 10 days, and a judge will decide whether or not to extend the order for a longer period. Make sure you keep a copy of the order.

Serving the Order:

The police department is responsible for serving the abuser with the order. Any information that you can provide relative to the location of the abuser is of great help, and can expedite this process.

Remember, There Is NO COST To Obtain An Abuse Prevention Order