On September 18, 2024, the 209A restraining order law changed. The updates make it easier for a plaintiff to obtain an abuse prevention order. The biggest amendment is that the law was broadened to include “coercive control,” rather than the prior version which required that a plaintiff be in reasonable fear of imminent bodily harm.
The definition of coercive control is defined as:
- (a) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy, including, but not limited to:
- (i) isolating the family or household member from friends, relatives or other sources of support;
- (ii) depriving the family or household member of basic needs;
- (iii) controlling, regulating or monitoring the family or household member’s activities, communications, movements, finances, economic resources or access to services, including through technological means;
- (iv) compelling a family or household member to abstain from or engage in a specific behavior or activity, including engaging in criminal activity;
- (v) threatening to harm a child or relative of the family or household member;
- (vi) threatening to commit cruelty or abuse to an animal connected to the family or household member;
- (vii) intentionally damaging property belonging to the family or household member;
- (viii) threatening to publish sensitive personal information relating to the family or household member, including sexually explicit images; or
- (ix) using repeated court actions found by a court not to be warranted by existing law or good faith argument; or
- (b) a single act intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes the family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy of:
- (i) harming or attempting to harm a child or relative of the family or household member;
- (ii) committing or attempting to commit abuse to an animal connected to the family or household member; or
- (iii) publishing or attempting to publish sexually explicit images of the family or household member.
If you’re facing a 209A restraining order in Massachusetts, it’s crucial to understand the law’s specifics and your rights. Chapter 209A covers various forms of abuse, including physical harm and coercive control, and applies to family or household members broadly defined. Restraining orders under this statute can impose serious restrictions, such as vacating your home or limiting contact with your children.
To fight a 209A order, challenge the allegations by presenting evidence that contradicts claims of abuse or coercion. Demonstrating inconsistencies in the accuser’s story, presenting witness testimony, or providing evidence of an alibi can help establish doubt as to the plaintiff’s version of events. Oftentimes, we utilize text message evidence in order to refute allegation.
Effective legal strategies may involve questioning whether the relationship meets the legal definition under Chapter 209A or proving that the accuser’s fears were not objectively reasonable. It is essential to work with a defense attorney experienced in 209A cases to navigate these complexities and ensure your rights are protected. If you are looking for representation related to a 209A in Massachusetts, call us at 781-797-0555 for a consultation today.
