How to Remove a 209A Restraining Order in Massachusetts

To remove a 209A restraining order in Massachusetts before it expires, a defendant files a Motion to Modify or Terminate Abuse Prevention Order in the court that issued it and must prove, by clear and convincing evidence, that a significant change in circumstances has made the order no longer necessary for the plaintiff’s protection.¹ That is a high standard, and most denials happen because the defendant brought nothing more concrete than compliance and the passage of time.

The Standard You Have to Meet

The framework comes from the Supreme Judicial Court’s 2014 decision in MacDonald v. Caruso. To win termination, you have to prove two things by clear and convincing evidence:¹

A significant change in circumstances has occurred since the order was entered.
Because of that change, the plaintiff no longer has a reasonable fear of imminent serious physical harm, so continuing the order is not equitable.

Clear and convincing evidence sits above the ordinary civil standard. A slight edge in your favor is not enough. The judge has to come away with a firm belief that something real has shifted.

What does not count: obeying the order and letting time pass. The judge who issued the order expected compliance and knew time would go by. Neither is a change.

What tends to count: completing a certified batterer’s intervention program, because it directly addresses the behavior that led to the order; a sustained stretch of cooperative co-parenting without conflict, which shows the underlying dynamic has changed; or documented evidence that the plaintiff has voluntarily and repeatedly initiated contact, which may suggest their fear has diminished. Do not rely on that last one alone, and do not encourage contact to create it. Bring documents. Certificates, program completion letters, records from a parenting coordinator, written communications you did not solicit. Vague statements about personal growth will not clear the bar.

Filing the Motion

The form is the Defendant’s Motion to Modify or Terminate Abuse Prevention Order, labeled Form FA-14, available from the Trial Court’s forms page and as a direct PDF download from Mass.gov.²³

You will need the docket number from the original order and the full names of both parties. The written explanation of why circumstances have changed is the core of the filing. Describe specific facts, when they happened, and why they make the order no longer necessary. Attach your supporting documents directly.

File the completed motion with the clerk’s office at the court that originally issued the order. The clerk schedules the hearing.

Notice to the Plaintiff

Before any hearing, the plaintiff must be notified of your motion and the hearing date. Some courts handle the mailing through the clerk’s office; in others, the defendant is responsible for sending it.³ Ask the clerk which procedure applies when you file.

Either way, the plaintiff must receive the motion and hearing date at least ten days before the hearing, and the hearing cannot be scheduled sooner than seven days after the motion is filed.³¹

Do not deliver notice to the plaintiff in person. The court guidelines say so explicitly.¹ Any direct contact while the order is active can be treated as a violation regardless of your purpose.

Preliminary Review and the Hearing

A judge can deny your motion on the papers alone. Before pulling the plaintiff into court, the judge reviews what you filed to decide whether you have made a preliminary showing worth a hearing.¹ A thin filing that essentially says “time has passed and I’ve complied” will often go no further. That is why the written portion of Form FA-14 and your attached documentation carry so much weight.

If the matter proceeds, both sides appear. You carry the burden of proof. You can testify about what has changed and present your documents. The plaintiff has a full chance to respond and explain why the order is still needed.

The judge will do one of three things:

Grant the motion, which terminates the order and lifts its restrictions.
Modify the order, adjusting some terms while keeping it in place.
Deny the motion, leaving the order in full effect.¹

Whatever the ruling, the judge is required to make findings of fact on the record. Those findings give you a basis for appeal if you believe the decision was wrong.¹

If the Motion Is Denied

No statute sets a formal waiting period before you can refile. But the court guidelines caution judges to watch for repeat motions used to harass, noting that “unwarranted requests may themselves be a form of abuse and create a burden on the court as well as the opposing party.”¹ Refiling too quickly, or without genuinely new facts, invites a quick denial and can color how the court views you.

The sensible approach is to wait until something materially new has happened, then file again and spell out plainly what has changed since the previous denial.

Don’t Contact the Plaintiff While Preparing Your Motion

Violating any term of an active 209A order is a criminal offense punishable by up to two and a half years in jail, a fine of up to $5,000, or both.⁴ Defendants sometimes undermine their own cases by reaching out to the plaintiff while gathering material for a motion. Even well-meaning contact to “discuss” the order is a violation. Argue the change in circumstances in the courtroom, not in a message.

What Termination Does and Doesn’t Do

Firearms

If the court terminates the order, the firearms surrender order can be discontinued, and the judge must put that in writing so staff can update records with the Department of Criminal Justice Information Services.⁵ Termination does not automatically restore your license to carry or firearms identification card. You will need to reapply, and the licensing authority has discretion over whether to approve you. Federal law separately bars possession while a qualifying order is in effect, with penalties up to 15 years in prison, so wait for the written termination before taking any possession of firearms.⁶

The Record

Termination does not erase the order from court records. The record that an order existed stays in the system. 209A orders are civil, not criminal, so they do not appear on a Criminal Offender Record Information (CORI) report, but they are public court records and can turn up in courthouse record searches used by background screening companies.

Expungement of the record is available only when the defendant proves, by clear and convincing evidence, that the original order was obtained through fraud on the court. That requires showing the plaintiff deliberately set up a scheme to interfere with the court’s ability to decide the case fairly. A claim that simply failed at trial is not fraud. As a practical matter, almost no one meets this standard. The ordinary criminal expungement statutes do not apply to abuse prevention orders.¹

Enforcement in Other States

Under the federal Violence Against Women Act, every state, territory, and tribal jurisdiction must honor a Massachusetts 209A order as if it had been issued locally.⁷ Once Massachusetts terminates the order, other states should stop enforcing it, but database updates can lag. Keep a certified copy of the termination order with you if you travel or have moved out of state, in case an outdated record surfaces during a traffic stop or background check.

A Note for Non-Citizens

The 209A order itself is civil, but a violation creates a criminal record that can trigger removal proceedings, mandatory detention, or bars to naturalization. Repeated violations may be classified as aggravated felonies under the Immigration and Nationality Act, which virtually eliminates immigration relief. If you are not a U.S. citizen, talk to an immigration attorney before filing any motion related to the order so you understand what is at stake.

1
Mass.gov. 209A Guideline 6:04: Modification of Orders; Terminating Orders; Expungement Standard
2
Mass.gov. Restraining Order/Abuse Prevention Order Court Forms
3
Mass.gov. Defendant’s Motion to Modify or Terminate Abuse Prevention Order
4
General Court of Massachusetts. Massachusetts Code Chapter 209A Section 7 – Violation; Penalty
5
Mass.gov. 209A Guideline 6:05: Orders to Surrender Firearms, Ammunition, and Firearms Licenses
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders