Can I get temporary custody if I have a 209A abuse prevention order against the other parent?
Yes. As part of your 209A order, the judge can award you temporary custody of your child.1
If you already have a 209A order in place and it does not grant you temporary custody, you can likely file to have your order modified (changed) to include this provision. There will most likely be another hearing, and the abuser will have the opportunity to appear in court to argue against your request. However, instead of filing to modify the order to include a temporary custody provision (which will expire when the 209A order expires), you may want to file a separate petition for custody. We strongly suggest that you consult with a lawyer first to help decide what is best for you. Go to MA Finding a Lawyer for legal referrals. For more information on how 209A orders, please see our MA Abuse Prevention Orders page.
1 M.G.L.A. 209A § 3(d)