The Law Office of Matthew W. Peterson recently defeated a restraining order extension in Newburyport District Court. Our client had lived under an abuse prevention order for two years — issued for one year, then extended for a second. At the second extension hearing, the court declined to extend it again, and the order expired.
What Happened in The Newburyport Restraining Order Extension Case?
The parties had just come through a long and contentious divorce. By the time of the extension hearing, the marriage was dissolved and the fighting between them had run its course. The order, however, was still in place, and the plaintiff came to court asking for another year of it.
Why do most defendants lose at restraining order extension hearings?
Most defendants in that position want to argue about the divorce. The instinct is understandable and it is almost always the wrong move.
Why We Argued Present Need Instead of Past History
Attorney Matthew Peterson made a deliberate choice at the hearing. He did not reargue the divorce, and he did not attack the original order.
Can you challenge the original restraining order at an extension hearing?
There are two reasons this strategy fails. First, Massachusetts law does not let a defendant reopen the evidence behind an order that has already been issued. That door closes when the order enters.
Does relitigating the marriage help or hurt your defense?
Second, and more practically, judges at extension hearings are directed to consider whether ongoing litigation between the parties is generating hostility. A defendant who spends the hearing relitigating the marriage proves the conflict is still alive — which is the plaintiff’s best argument for keeping the order in force.
So the hearing stayed on one question: was the order still necessary now?
Who has the burden of proof at a restraining order extension hearing?
That burden belongs to the plaintiff, who has to show, more likely than not, that the order remains necessary to protect against the likelihood of abuse going forward.
Does a quiet year automatically end a restraining order?
No new incident of abuse is required for an extension, and a quiet year does not end an order by itself. But the plaintiff does have to give the judge something about the present. The court was not persuaded that a present need remained, and it let the order lapse.
The Extension Hearing Is the Best Chance a Defendant Gets
Timing matters more here than most people realize.
At an extension hearing, the burden sits with the plaintiff and the standard is the lower one. Once an order is extended again — or made permanent — that flips. A defendant who later asks the court to end an order carries the burden, and must prove a significant change in circumstances by clear and convincing evidence. Time passing is not enough. Obeying the order is not enough.
Do you have a right to a lawyer at a restraining order extension hearing?
No one appoints a lawyer for these hearings either. They are civil cases, so there is no court-appointed counsel, and a defendant who fails to appear will almost always see the order extended without argument.
What a Restraining Order Costs, Especially During a Divorce
- Firearms. A surrender order takes the guns, the ammunition, and the license. While the order stands, the person cannot hold or obtain an LTC or FID card.
- Housing. A vacate order can put someone out of a home they own.
- Children. A District Court judge can enter short-term custody and support orders, though the Probate and Family Court keeps the final say.
- Record. Every order goes into a statewide registry that judges and police can see, and it stays there. Massachusetts courts have held there is no power to erase it, even after the order ends. The only recognized exception is proof that the order was obtained by fraud on the court.
- Work. Employers, licensing boards, and landlords who learn of an order tend to react to it.
How does a restraining order affect divorce and custody negotiations?
Someone in the middle of a divorce carries all of that while also negotiating custody, support, and a house. The order shapes where they can live, whether they see their children without a third party present, and how the other side’s lawyer frames them at every hearing that follows. That is why the expiration date on the order deserves as much attention as the day it issued.
Talk to a Restraining Order Defense Lawyer in Eastern Massachusetts
Attorney Matthew Peterson, an experienced Boston criminal defense attorney, defends abuse prevention and harassment prevention cases in courts throughout Eastern Massachusetts. If you have an extension hearing coming up, get legal advice before the hearing date—not after. The Law Office of Matthew W. Peterson offers free consultations for criminal matters. Call or text 617-295-7500, or send us a message below.
