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Legal Information: Massachusetts

Restraining Orders

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Updated: 
July 31, 2019

What types of orders are there? How long do they last?

There are two types of extreme risk protection orders: emergency extreme risk protection orders and final extreme risk protection orders.

Emergency extreme risk protection orders: An emergency extreme risk protective order can be issued ex parte, which means that the respondent does not have notice of the case beforehand and is not present for the hearing. An ex parte extreme risk protection order lasts up to ten days until a hearing is held for the final extreme risk protection order.1 However, the judge must hold a hearing on an extreme risk protection order within two days if the respondent files a statement with the court that a firearm, rifle, shotgun, machine gun, weapon or ammunition is needed for his/her job.2

Final extreme risk protection orders: The judge can issue a final extreme risk protective order after the respondent has received notice of the case and has an opportunity to participate in a hearing. The judge can issue a final extreme risk protection order for a period of up to one year.3

1 MA ST 140 § 131T(a)
2 MA ST 140 § 131S(b)
3 Massachusetts Government website