There are a many differences between abuse prevention orders and harassment prevention orders. A restraining order or abuse prevention order must be sought against a family member or someone who lives with the plaintiff (person who is seeking the order). If the two parties live together, or, if they are or were married, if they are or were dating, they qualify for 209A assistance. A harassment prevention order is different. It can be sought against anyone, regardless of history.
Both restraining orders and harassment prevention orders have the same purpose, to stop someone from contacting, scaring, bothering, abusing and generally annoying someone else.. Massachusetts defines harassment as actions or acts, done intentionally or willfully to ’cause either damage to property or intimidation or to create fear. In order for a judge to issue a harassment prevention order they must be convinced that there is harassment, that it was done intentionally, for the purpose of creating fear, intimidation or property damage. That harassment can’t be just one act. There must be at least three separate acts, a pattern of harassment. An abuse prevention order, also known as a restraining order or RO only requires one incident or act., In order for a judge to grant a restraining order, there must be evidence of abuse. If a judge is presented with evidence that someone attempted to cause physical harm or placed them in real fear of physical harm, they will likely issue a protection order. This harm must be actual, or if not, serious and imminent (something bad, that could happen very soon).
Both orders can be sought in the court where the plaintiff lives. Both can be ordered by a judge without hearing a single word from the respondent (person the order issues against). This one party hearing results in an emergency, temporary order. Because the court is only getting one side of the story this order is only temporary, lasting for only 10 days. At this initial hearing the judge sets or calendars another court date so that both parties may present evidence for, or against the order. Notice is immediately sent to the respondent (person whom the order is against). If, after hearing from both parties, the judge is convinced that the order should remain in place, he or she will grant that order for one full year. He or she will also calendar a court hearing one year out, If after one year no one appears for the hearing, the order is terminated. Sometimes people can’t be found. Sometimes they don’t want to be found. If after the initial 10 day temporary order, only the plaintiff appears,the judge will request additional contact information for the respondent and set another very short date so further efforts can be made to locate the respondent to provide notice of the hearing.