Charged With Violating a Restraining Order in Massachusetts? 

Take This Seriously—We Do.

Violating a restraining order in Massachusetts—even by accident—can lead to criminal charges, jail time, and a permanent criminal record. Whether the order was issued under Chapter 209A (abuse prevention) or Chapter 258E (harassment prevention), the consequences for violating it are harsh and immediate.

At DeGiacomo & Mikhlin, P.C., we defend clients across Massachusetts who’ve been accused of violating restraining orders or no-contact conditions. Whether it was a text message, unplanned encounter, or allegation of third-party contact, we’ll investigate what happened, protect your rights, and help you fight the charge.

What Counts as a Restraining Order Violation in Massachusetts?

You can be charged with violating a restraining order for:

• Calling, texting, or messaging the protected person
• Showing up at their home, work, or school—even unintentionally
• Sending a message through a friend or family member
• Posting about them online or tagging them in social media
• Failing to stay away from locations listed in the order
• Any contact that violates the specific terms of the order

Even accidental or non-threatening contact can result in an arrest—and the court may not be interested in excuses unless you have strong legal representation.

Penalties for Violating a 209A or 258E Order in MA

Under Massachusetts law (G.L. c. 209A § 7), violating a restraining order is a criminal offense, not just a civil contempt issue. Penalties may include:

• Up to 2.5 years in jail
• Felony or misdemeanor record (depending on circumstances)
• Probation, GPS monitoring, or batterer’s program
• New no-contact conditions or additional orders
• Child custody or family court consequences
• Deportation risks for non-citizens

If you have a pending domestic violence or harassment case, a violation can also jeopardize your bail or probation in that case.

How We Defend Restraining Order Violation Charges in Massachusetts

We’ll begin by examining how the contact happened, whether it actually violated the order, and whether the accusation can be challenged or dismissed. Common defenses include:

• Lack of knowledge about the order
• No actual violation of the written terms
• Accidental or incidental contact in public places
• False or exaggerated accusations
• Lack of proof that contact occurred
• Violation through no fault of your own (e.g., the other party reached out first)

We can also represent you in motions to modify or terminate the order, and help you resolve related charges (like domestic assault or harassment) if they apply.

FAQs – Massachusetts Restraining Order Violations

Can I go to jail for accidentally violating the order?
Yes, but we may be able to avoid that outcome. Courts don’t always distinguish between accidental and intentional contact unless your lawyer makes that case forcefully and with evidence.

What if the person with the order contacted me first?
That does not give you permission to respond. You could still be charged. However, it can be a strong defense or basis for a motion to vacate or modify the order.

Will this stay on my record?
If you're convicted, yes. But we aim to resolve these cases with dismissals, CWOFs, or acquittals to protect your record and reputation.

Charged With Violating a Restraining Order? Call Us Before You Go to Court.

You don’t get a second chance at a first impression in court—especially when facing allegations of violating a protective order. Let us help you protect your record, your freedom, and your future.

Call DeGiacomo & Mikhlin, P.C. today for a free, confidential consultation Or fill out our contact form and we’ll follow up promptly

We defend restraining order violations in courts across Massachusetts—with strategy, experience, and results.