Boston, MA asked in Criminal Law for Massachusetts

Q: If a 209A order is issued, never violated, subsequently vacated, does the recipient now have a probation record?

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1 Lawyer Answer
Michael A. Contant
Michael A. Contant
  • Criminal Law Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: The short answer is that you will not have a criminal record for the MGL c. 209A restraining order that was never violated. It is civil in nature and does not appear on any criminal record, including a BOP, CORI, CARI, etc. However, Massachusetts has developed a separate record system for restraining orders issued under MGL c. 209A and harassment prevention orders issued under MGL c. 258E. It is known as the "Statewide Domestic Violence Record Keeping System." The MGL c. 209A restraining order will appear on this record. This record system is used by the police and the courts. So if you are charged with any crime, your lawyer, the prosecutor, and judge will also be looking at this record, in addition to the criminal record, when deciding certain things, like bail, conditions of release, and sentencing if you are convicted or take a plea on the criminal case. I hope this is helpful.

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