209A and Harassment Orders are protective orders issued by courts in Massachusetts to protect individuals from domestic abuse, harassment, and stalking. These orders are intended to provide a measure of safety and security for the person seeking protection, and they can include provisions such as restraining the abuser from contacting the protected person, or requiring the abuser to vacate the shared residence.
The standard for extending these orders is generally based on the likelihood of future harm to the protected person. In determining whether to extend a 209A or Harassment Order, a court will consider factors such as the nature and severity of the abuse, the abuser’s history of violence, and the likelihood of future harm to the protected person.
The Massachusetts Appeals Court has recently clarified the standard for extending 209A and Harassment Orders, stating that in order to extend an order, the court must find that there is a likelihood of continued harm or abuse to the protected person if the order is not extended. This means that the court must consider all relevant evidence, including the abuser’s history of violence, the nature and severity of the abuse, and any other relevant factors in determining whether to extend the order.
The court also stated that the burden of proof in extending an order is on the person seeking the extension. The person must present evidence to the court that there is a likelihood of continued harm or abuse if the order is not extended. The court will then consider this evidence, along with any other relevant factors, in making its decision.
The court also noted that the standard for extending an order is different from the standard for issuing an order. When issuing an order, the court must find that there is a likelihood of immediate harm or abuse to the protected person. However, when extending an order, the court must find that there is a likelihood of continued harm or abuse if the order is not extended.
This recent clarification by the Massachusetts Appeals Court on the standard for extending 209A and Harassment Orders provides important guidance for courts in Massachusetts when making decisions about extending these orders. It emphasizes the importance of considering all relevant evidence and factors, including the abuser’s history of violence and the nature and severity of the abuse, in determining whether to extend an order to ensure the safety and security of the protected person.
It is important to note that the above is not an official court decision and it is not intended to provide legal advice. If you are involved in a case related to 209A and Harassment Orders, contact my office at (508) 752-2727 to arrange for a consultation.
