Restraining Orders

Experienced Boston Criminal Defense Lawyer Dedicated to Defending Clients Charged with Domestic Violence Offenses

Facing a restraining order violation in Boston can feel overwhelming, especially if you believe the accusation is unfair or the result of a misunderstanding. The Law Office of Patrick J. Murphy understands how serious these charges are and how they can impact your future. A single mistake—like accidentally texting someone who filed an order against you—can lead to criminal penalties. As a Boston restraining order violation lawyer, Attorney Murphy has spent decades helping people fight these charges and avoid lasting consequences. If you’ve been accused of violating a restraining order, now is the time to build a strong defense.

Understanding Restraining Orders in Massachusetts

Massachusetts courts issue two primary types of restraining orders:

• Abuse Prevention Orders (209A Orders) – Issued under Massachusetts General Laws Chapter 209A, these orders are designed to protect individuals from domestic violence offenses. They apply only to people who have a close relationship, such as spouses, ex-partners, family members, or household members.
• Harassment Prevention Orders (258E Orders) – These orders do not require a prior relationship and are issued in cases where harassment, stalking, or threats have been alleged.

Both types of restraining orders can impose strict conditions, including:

• No contact with the petitioner, either directly or indirectly
• Orders to vacate a shared residence
• Prohibition from possessing firearms

Violating any of these conditions can result in criminal charges, even if the violation was unintentional.

What Happens If You Violate a Restraining Order?

Violations of restraining orders are taken seriously under Massachusetts law. If you are accused of violating an order, you could face:

• Criminal penalties – Under M.G.L. c. 209A, § 7, a violation can result in up to 2.5 years in jail and substantial fines.
• Additional restraining order restrictions – If a violation is alleged, the court may impose even stricter conditions, making it harder for you to live your daily life.
• Impact on your criminal record – A conviction for violating a restraining order will remain on your record, affecting future employment and housing opportunities.

Even if you believe the alleged violation was a misunderstanding, do not assume the case will resolve itself. Prosecutors aggressively pursue restraining order violations, and a conviction can carry lasting consequences.

Defenses Against a Restraining Order Violation

If you are accused of violating an order, there are several potential defenses that a Boston restraining order violation attorney can use to challenge the charges, including:

• Lack of intent – The prosecution must prove that you knowingly violated the order. If the contact was accidental or unavoidable, this can be a strong defense.
• False allegations – In some cases, individuals misuse restraining orders to gain an advantage in family disputes or out of personal revenge. If the petitioner falsely accused you of violating the order, evidence such as phone records, witness statements, or surveillance footage can help prove your innocence.
• Insufficient evidence – The prosecution must present clear evidence that a violation occurred. If there are no credible witnesses or physical proof, the charges may not hold up in court.
• Unclear or improper service – If you were never properly served with the restraining order or were unaware of its terms, you may not be legally responsible for an alleged violation.

A skilled criminal defense attorney can review the details of your case and determine the best strategy to challenge the allegations.

What to Do If You Are Accused of Violating a Restraining Order

If you are facing a possible violation, take the following steps immediately:

• Do not attempt to explain yourself to law enforcement – Anything you say can be used against you.
• Review the order carefully – Make sure you understand the exact terms to avoid further accusations.
• Collect any evidence – Save text messages, call logs, or other documentation that could help support your defense.
• Contact a criminal defense lawyer – An experienced attorney can build a strong defense and protect your rights in court.

The sooner you seek legal representation, the better your chances of avoiding serious penalties.

Get Started on Your Defense Today by Calling the Law Office of Patrick J. Murphy

A restraining order violation can threaten your freedom and your future. Do not wait to take action. Attorney Patrick J. Murphy has 27 years of experience defending clients in Massachusetts. He understands how to challenge weak evidence, expose false claims, and fight for the best possible outcome in your case. If you have been accused of violating a restraining order, call the Law Office of Patrick J. Murphy today at (617) 367-0450 for a confidential consultation.