Other Court Proceedings Related to
Abuse Prevention Proceedings
- Guidelines for Judicial Practice
Abuse Prevention Proceedings

Other Court Proceedings Related to Abuse Prevention Proceedings

10:00 Civil Commitment for Alcoholism or Other Substance Abuse  [Commentary]

10:01 Support Orders  [Commentary]

10:02 Actions for Divorce or Separate Support  [Commentary]

10:03 Care and Protection Proceedings  [Commentary]

10:04 Elder Abuse Actions  [Commentary]

10:05 CHINS Actions  [Commentary]

10:06 Mental Health Actions  [Commentary]

10:07 Actions Involving Disabled Persons  [Commentary]

10:00 Civil Commitment for Alcoholism or Other Substance Abuse. Where testimony in a c. 209A case reveals an underlying problem of serious alcohol or other substance abuse, the court should consider advising an appropriate person of the availability of procedures for petitioning a District Court for involuntary commitment on the ground of alcoholism or other substance abuse under G.L. c. 123, § 35. Such a referral should not take the place of a c. 209A order or criminal proceedings where the plaintiff is otherwise entitled to relief and wishes to have an order issued. [Commentary]  [Top]

10:01 Support Orders. Plaintiffs who are otherwise entitled to relief under c. 209A should be permitted to address the question of support for themselves and minor children in the c. 209A hearing after notice. See Guidelines 3:07, 4:03 and 6:00. The Trial Court Child Support Guidelines should be applied in determining the amount of support. G.L. c. 209A, § 3(e). Support orders must conform to and be enforced in compliance with the provisions of G.L. c. 119A, § 12, pertaining to Child Support Enforcement. G.L. c. 209A, § 3(e), as amended by St. 1998, c. 64, § 204, at Appendix A. This may require the involvement of the Department of Revenue and income withholding from the defendant.

If the judge orders that the defendant have no-contact with the plaintiff, and that support payments be mailed to the plaintiff, the order should state this as an exception to the no- contact provision for the limited purpose of mailing of support payments. See Guideline 4:01 regarding no-contact orders. [Commentary]    [Top]

10:02 Actions for Divorce or Separate Support. Actions for divorce or separate support under G.L. c. 209 should be brought only in the Probate and Family Court. See Guidelines 12:10, 12:11 and 12:12 regarding divorce and separate support in particular and Guidelines 12:00 - 12:14 generally regarding related proceedings in Probate and Family Court.

Regarding referral of a c. 209A plaintiff to Probate and Family Court and avoidance of inconsistent orders, see Guidelines 2:07, 3:07, 4:01, 5:01, and 6:00. Seealso Guideline 13:00 regarding Interdepartmental Judicial Assignment of Cases. [Commentary]  [Top]

10:03 Care and Protection Proceedings. If, in the course of proceedings under G.L. c. 209A court personnel or the judge learns that harm may have occurred to a child in the household, that information should be reviewed by the Justice, Clerk-magistrate, Register or Probation Officer to determine if a report should be made to the Department of Social Services for an investigation under G.L. c. 119, §§ 51A and 51B. See Guideline 1:06. [Commentary]  [Top]

10:04 Elder Abuse Actions. When abuse allegedly has been inflicted on a parent or grandparent or other person in the household who is 60 years of age or older, by a child or grandchild or other household member, the court, in addition to proceeding with the c. 209A action, should refer that person to a probation officer who should review the allegations and, if warranted, make a report of elder abuse to the Department of Elder Affairs in accordance with G.L. c. 19A, § 15(a). [Commentary]  [Top]

10:05 CHINS Actions. In appropriate cases the court should consider advising parents of the availability of a CHINS petition against a juvenile defendant in a c. 209A action, in addition to the issuance of protective orders. See Guideline 1:06. [Commentary]  [Top]

10:06 Mental Health Actions. In unusual circumstances and in addition to considering the issuance of protective orders, the court before whom a c. 209A complaint is pending may consider whether a party is a proper subject for involuntary civil commitment under the provisions of G.L. c. 123, § 12.

Consideration of the use of civil commitment procedures should be restricted to extreme cases, consistent with the requirements of applicable law. If civil commitment does appear warranted, the court may advise the appropriate party of the right to file the required petition. [Commentary]  [Top]

10:07 Actions Involving Disabled Persons. When it is alleged that abuse has been inflicted on a disabled person, the court, in addition to proceeding with the c. 209A action, should refer the disabled person to a probation officer. The probation officer should review the allegations and, if warranted, make a report to the disabled persons protection commission in accordance with G.L. c. 19C, §§ 1 and 10. [Commentary]  [Top]

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