Understanding the Difference Between a 209A Restraining Order and a 258E Harassment Prevention Order in Massachusetts
- Steven Topazio wrote this June 9, 2025 at 5:46 pm
When seeking legal protection from another person in Massachusetts, it’s important to understand the difference between a 209A Restraining Order and a 258E Harassment Prevention Order. While both are designed to protect individuals from harm, they apply to different situations and have distinct legal requirements.
What Is a 209A Restraining Order?
Also known as an Abuse Prevention Order, a 209A Restraining Order is intended to protect individuals from domestic violence. It applies when there is a specific type of relationship between the parties, such as:
Spouses or former spouses
People in a current or former dating or engagement relationship
Family or household members (including those related by blood or marriage)
Individuals who share a child together
To obtain a 209A order, the person seeking protection must show they have experienced physical abuse, attempted physical abuse, or a fear of imminent serious physical harm by the defendant. If granted, a 209A order can include protections such as:
Requiring the defendant to stop the abuse
Ordering the defendant to stay away from the petitioner’s home, workplace, or school
Banning all contact with the petitioner
Granting temporary custody of children
Requiring the defendant to surrender firearms
What Is a 258E Harassment Prevention Order?
A 258E Harassment Prevention Order is available to anyone, regardless of their relationship with the defendant. This type of order is meant to protect victims of harassment, stalking, or sexual assault. To obtain a 258E order, the petitioner must demonstrate either:
Three or more acts of willful and malicious behavior aimed at causing fear, intimidation, abuse, or property damage; or
One incident of: Forcible rape, Forcible sexual assault, or Stalking or criminal harassment (as defined by Massachusetts law)
Like a 209A order, a 258E order can prohibit contact, require the defendant to stay away, and mandate the surrender of firearms.
Key Differences Between a 209A and 258E Order
| Feature | 209A Restraining Order | 258E Harassment Prevention Order |
|---|---|---|
| Who Can File? | Individuals with a domestic or close relationship | Anyone experiencing harassment, regardless of relationship |
| Type of Harm Required | Domestic abuse (physical harm or fear of harm) | Harassment, intimidation, stalking, or sexual violence |
| Number of Acts | One instance of abuse or threat | Three or more acts, or one serious criminal act |
| Firearm Surrender? | Yes | Yes |
| Contact Prohibition? | Yes | Yes |
Which Order Is Right for You?
Choosing between a 209A and a 258E order depends on the situation. If you’re facing abuse from someone you have a domestic or close personal relationship with, a 209A Restraining Order is likely the right option. If the threat comes from someone outside that context—such as a coworker, neighbor, or stranger—a 258E Harassment Prevention Order may be more appropriate.
If you need help obtaining or defending against a restraining order, Attorney Steven Topazio has the experience and legal insight to support you through the process. Contact our office today to schedule a consultation and protect your rights.