SAFEPLAN Court Advocacy Program

What is SAFEPLAN?

SAFEPLAN is a statewide program under the Massachusetts Office for Victim Assistance in which specifically trained court-based advocates assist survivors of domestic violence, sexual assault, and stalking with obtaining protection from abuse. SAFEPLAN advocates are available to help individuals with the restraining order process and all that it entails.

Keep yourself safe when preparing to leave an abusive relationship.

Consult with an advocate from your local domestic violence program who can inform you of your rights and options.

ABUSE PREVENTION ORDER (CHAPTER 209A)

The abuse prevention law was created to help protect survivors from abuse, and it allows a survivor to petition the court for an abuse prevention order (also known as a 209A order or restraining order).

You can apply for a restraining order at your local courthouse between the hours of 8:30 AM-4:30 PM from Monday through Friday. For assistance after hours (nights, weekends, and holidays), you can speak to your police department, which can help you with filing an emergency restraining order. Assistance is always available to you.

ARE YOU ELIGIBLE FOR A RESTRAINING ORDER UNDER CHAPTER 209A?

Yes, if you and your abuser meet one of the following 209A criteria:

• Are or were married
• Are residing together in the same household
• Are in a substantive dating or engagement relationship
• Are related to each other by blood or marriage
• Have a child in common

The 209A statute defines abuse as:

• Caused or attempted to cause you physical harm
• Or put you in fear of imminent serious physical harm
• Or caused you to engage in sexual relations involuntarily by using force, threat, or duress

ARE YOU ELIGIBLE FOR A HARASSMENT PREVENTION ORDER UNDER CHAPTER 258E?

Qualifying relationships under the 258E law:

• There is no relationship component required for this statute

The 258E statute defines harassment as someone that has committed three or more acts that were:

• willful and malicious. “Malicious” means characterized by cruelty, hostility, or revenge.
• were aimed at you,
• were intended to cause you fear, abuse, intimidation, or damage to property. “Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.
• Or someone has caused you, at least once, to engage in sexual relations involuntarily by using force, threat, or duress;
• Or someone has committed against you, at least once, an act that violates any of the following statutes: General Laws chapter 265, 13B, 13F or 13H (indecent assault and battery), 22 or 22A (rape), 23 (statutory rape), 24 or 24B (assault with intent rape), 26C (enticing a child), 43 (criminal stalking), 43A (criminal harassment), or chapter 272, 3 (drugging for sexual intercourse).