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Legal Information: Massachusetts

Restraining Orders

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Laws current as of November 14, 2024

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Massachusetts, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in MA.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

How do I register my protection order in Massachusetts?

To register your protection order, bring a certified copy of your order to any district, probate, family, or superior court, or the Boston municipal court in order to file in with the court. You will have to swear under oath in an affidavit (a written statement) that, to the best of your knowledge, the order is currently in effect as written.1 See MA Courthouse Locations for contact information. You may want to ask the court to “impound”, or keep confidential, your address so that the abuser cannot learn where you are from a court record.

You do not need a lawyer to register your protection order. If you are confused or worried about the process, you can contact a local domestic violence organization in Massachusetts to ask for help from a local advocate. To find a local domestic violence organization in Massachusetts, please go to our MA Advocates and Shelters page.

1 M.G.L.A. 209A § 5A

Do I have to register my protection order in Massachusetts in order to get it enforced?

Police officers must enforce your out-of-state protection order whether or not you register it. If it is not registered, you will need to show the officer a copy of your protection order, and you may have to swear in writing that it is still in effect.

While you do not have to register your protection order in order to get it enforced, one benefit of registration is that you may be able to get your order enforced, even if you are not carrying a copy of the order with you when the police officer arrives at the scene.1

Protection orders that are registered in Massachusetts are kept in the Massachusetts statewide registry operated by the Commissioner of Probation, and Massachusetts police officers should have access to this registry when they arrive at the scene.

1 M.G.L.A. 209A § 5A

What if I don’t register my protection order? Will it be more difficult to have it enforced?

While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry or the NCIC database, and you do not have a copy of your order with you when the police officer arrives, it may be more difficult for a law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.

However, if you have a certified copy of your protection order with you, and if it is listed in the NCIC, then it may not matter if your protection order is registered in Massachusetts or not.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Massachusetts. To see a list of local domestic violence organizations in Massachusetts, go to our MA Advocates and Shelters page.

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our MA Advocates and Shelters page.

1 18 USC § 2265(d)

Does it cost anything to register my protection order?

There is no fee for registering your protection order in Massachusetts.1

1 See MA Abuse Prev. 14:00