Table of Contents
Guidelines for Judicial Practice
Abuse Prevention Proceedings

Guidelines for Judicial Practice
Abuse Prevention Proceedings

Table of Contents

1:01 Protective Purpose of c. 209A  [Commentary]

1:02 Due Process Considerations  [Commentary]

1:03 Procedural Rules; Discovery  [Commentary]

1:04 Court's Relationship With Local Advocacy Groups  [Commentary]

1:05 Public Access to c. 209A Case Files  [Commentary]

1:06 Minors As Parties in c. 209A Actions  [Commentary]

1:07 Non-English Speaking Parties in c. 209A Actions  [Commentary]

Filing of the Complaint

2:00 Designation of Staff  [Commentary]

2:01 Assisting the Plaintiff  [Commentary]

2:02 Ensuring Privacy  [Commentary]

2:03 Completing the Complaint, Obtaining Required Information  [Commentary]

2:04 Signed Statement By Plaintiff  [Commentary]

2:05 Processing the Complaint  [Commentary]

2:06 Repetitious Complaints  [Commentary]

2:07 Referral To and From Other Courts; Avoiding Inconsistent Orders  [Commentary]

2:08 Role of Advocates in Assisting Parties  [Commentary]

2:09 Inappropriate Referrals for Relief from Police and Others  [Commentary]

2:10 Check of the CARI System, Statewide Domestic Violence Recordkeeping System and Other Probation Department Involvement at the Complaint Stage  [Commentary]

2:11 Check of the Warrant Management System  [Commentary]

2:12 Referral for a Criminal Complaint  [Commentary]

2:13 Action Where Previous Order in Effect  [Commentary]

Ex Parte Hearings

3:00 Ex Parte Hearing: General  [Commentary]

3:01 Scheduling of Ex Parte Hearings  [Commentary]

3:02 Subject Matter Jurisdiction  [Commentary]

3:03 Venue, Territorial Jurisdiction for c. 209A Complaints  [Commentary]

3:04 Closure of Ex Parte Hearings to the Public  [Commentary]

3:05 Court Action on Defendant's Default, Probation, Parole or Warrant Status: Involvement of the Probation Department at the Ex Parte Stage  [Commentary]

3:06 Rules of Evidence and Standard of Proof  [Commentary]

3:07 Conduct of the Ex Parte Hearing  [Commentary]

3:08 Repetitious Complaints  [Commentary]

3:09 Role of Advocates at Ex Parte Hearing  [Commentary]

Ex Parte Orders

4:00 Duration of Ex Parte Orders  [Commentary]

4:01 Content of Ex Parte Orders  [Commentary]

4:02 Ex Parte Orders to Vacate  [Commentary]

4:03 Ex Parte Support and Compensation Orders  [Commentary]

4:04 Ex Parte Orders to Surrender Guns, Licenses to Carry Firearms and FID Cards  [Commentary]

4:05 Reconciliation  [Commentary]

4:06 Information for the Plaintiff  [Commentary]

4:07 Service of Ex Parte Order On Defendant  [Commentary]

Hearings After Notice

5:00 Scheduling the Hearing After Notice  [Commentary]

5:01 Conduct of Hearings After Notice: General  [Commentary]

5:02 Role of Advocates at Hearings After Notice  [Commentary]

5:03 Rules of Evidence  [Commentary]

5:04 Standard of Proof  [Commentary]

5:05 Failure of the Defendant to Appear  [Commentary]

5:06 Failure of the Plaintiff to Appear  [Commentary]

5:07 Court Action on Defendant's Warrant or Probation Status  [Commentary]

5:08 Request by the Plaintiff to Dismiss the Case  [Commentary]

Orders After Notice

6:00 Orders After Notice: General  [Commentary]

6:01 Referral for Treatment or Supportive Services  [Commentary]

6:02 Duration  [Commentary]

6:03 Service of the Order on the Defendant  [Commentary]

6:04 Modification of Orders; Vacating Orders  [Commentary]

6:05 Orders to Surrender Guns, Licenses to Carry Firearms and FID Cards  [Commentary]

6:05A Custody Orders  [Commentary]

6:06 Visitation Orders and Other Courts  [Commentary]

6:07 Mutual Restraining Orders  [Commentary]

6:08 Extending a Protective Order  [Commentary]

6:09 Permanent Orders  [Commentary]

Appeal

7:00 Appeal  [Commentary]

Enforcement of Orders; Criminal Proceedings

8:00 Venue; Territorial Jurisdiction for Criminal Prosecution of Violations of c. 209A Orders  [Commentary]

8:01 Issuance of Criminal Complaint and Warrant  [Commentary]

8:02 Criminal Contempt  [Commentary]

8:03 Acquiescence by the Complainant to an Act Which May Violate the Terms of an Order  [Commentary]

8:04 Bail Procedures in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse: Review of Criminal Record and Alleged Facts  [Commentary]

8:05 Bail Procedures in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse: Release on Pretrial Probation or Personal Recognizance  [Commentary]

8:06 Bail Procedures in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse: Bail Warnings  [Commentary]

8:07 Detention Hearing Procedures in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse  [Commentary]

8:08 Bail and Detention Hearing Procedures in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse: Notifying the Victim  [Commentary]

8:09 Arraignment Procedures in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse   [Commentary]

8:10 Default Warrants in Criminal Cases Involving Alleged Violation of a Protective Order or Abuse   [Commentary]

8:11 Dismissal of a Criminal Case on Motion of the Prosecution  [Commentary]

8:12 Dismissal of a Criminal Case Over the Prosecution's Objection  [Commentary]

8:13 Sentencing for Violation of a c. 209A Order or a Crime Involving Abuse  [Commentary]

8:14 Probation in Cases Involving Violation of a c. 209A Order, a Protection Order Issued by Another Jurisdiction or a Crime Involving Abuse  [Commentary]

Civil Contempt

9:00 Civil Contempt  [Commentary]

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]

Emergency Response

11:00 Procedure for Response to Complaints When Court Is Not in Session or When the Plaintiff is Unable to Appear  [Commentary]

Related Probate and Family Court Matters

12:00 Visitation Proceedings in Probate and Family Court: Considered only in Limited Circumstances   [Commentary]

12:01 Visitation Proceedings in Probate and Family Court: Safety Assessment Pertaining to the Plaintiff in Abuse Prevention Proceedings  [Commentary]

12:02 Visitation and Custody Proceedings in Probate and Family Court: Assessment of Impact on Children   [Commentary]

12:03 Visitation Proceedings in Probate and Family Court: Safety Assessment and Terms of Visitation   [Commentary]

12:04 Proceedings in Probate and Family Court  [Commentary]

12:05 Proceedings in Probate and Family Court: Pre-Trial Conferences and Other Court Proceedings   [Commentary]

12:05A Custody Proceedings in Probate and Family Court: Custody Presumption Applicability  [Commentary]

12:06 Custody Proceedings in Probate and Family Court: Related Custody Issues in Non-c. 209A Cases   [Commentary]

12:07 Custody and Visitation Proceedings in Probate and Family Court: Modifications of c. 209A Orders   [Commentary]

12:08 Custody Proceedings in Probate and Family Court: Interstate Custody Issues  [Commentary]

12:09 Custody Proceedings in Probate and Family Court: Non-Parent Custody and No-Contact Orders   [Commentary]

12:10 Issuance of Protective Orders: Divorce Proceedings  [Commentary]

12:11 Issuance of Orders to Vacate Marital Residence: Divorce, Separate Support or Maintenance   [Commentary]

12:12 Issuance of Protective Orders: Separate Support  [Commentary]

12:13 Issuance of Protective Orders: Paternity Actions  [Commentary]

12:14 Service of Domestic Relations Protective Orders  [Commentary]

Interdepartmental Matters

13:00 Assignment of Justices of the Probate and Family Court Department to Modify Inconsistent Orders   [Commentary]

Orders From Other Jurisdictions

14:00 Filing and Enforcement of Protection Orders Issued by Other Jurisdictions  [Commentary]





Appendices

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Appendix A - Abuse Prevention Statutes

Please Note: The Links in Appendix A provide content that is not maintained by the Judicial Branch. The material on that site is provided by the General Court of Massachusetts. As is stated on their site, "...[material on the web site] is NOT the official version of the Massachusetts General Laws (MGL). While reasonable efforts have been made to assure the accuracy of the data provided, do not rely on this information without first checking an official edition of the MGL. If you are in need of legal advice or counsel, consult a lawyer"

G.L. c. 209A, §§ 1-10 (1998 Official Edition)

G.L. c. 208, §§ 18, 34B and 34C (1998 Official Edition)

G.L. c. 209, § 32 (1998 Official Edition)

G.L. c. 209C, §§ 15 and 20 (1998 Official Edition)

St. 1998, c. 64, An Act to Improve the Massachusetts Child Support Enforcement Program, §§ 1, 67,106, 204, and 227.

St. 1998, c.179, An Act Relative to the Consideration of Domestic Violence in Custody and Visitation Proceedings.

St. 1998, c. 180, An Act Relative to Gun Control in the Commonwealth,§§ 1, 41, and 46.

St. 1998, c. 285, An Act Providing for the Distribution of Information to Certain Parents of Children Enrolled in Elementary and Secondary Schools.

St. 2000, c.236, An Act Making Appropriations for the Fiscal Year 2000 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects, §§ 22 - 24, and 101.

Appendix A-1 - Memorandum from Chief Justice Irwin, October 30, 1996, "Out-of-State Domestic Violence Restraining Orders", with a copy of Memorandum from Commissioner Donald Cochran, October 30, 1996, "Chapter 209A,Section 5A: Out-of-State Protective/Restraining Orders" (PDF - 303K)

Appendix A-2 - District Court Transmittal No. 622, November 6, 1996, "Out-of-State Domestic Violence Restraining Orders" (PDF - 228)

Appendix A-3 - Memorandum from Chief Justice Fitzpatrick, November 5, 1996, "Registration of Foreign Protection Orders" (PDF - 230K)

Appendix A-4 - Standards on Substance Abuse, Supreme Judicial Court, approved April 28, 1998, pp. 18-21

Appendix A-5 - District Court Transmittal No. 724, December 16, 1999 (PDF - K), "Highlights of new District Court Rules for Probation Violation Proceedings" (Rules not attached) (PDF - 238K)

Appendix A-6 Trial Court Child Support Guidelines, effective January 1, 1998, and Support and Paternity Forms (PDF - 169K) .

Appendix A-7 - Supreme Judicial Court Committee on Judicial Ethics, Opinion 98-16 (Sept. 15, 1998)

Appendix B - Amendments to the confidentiality provisions of c.209A, Memorandum, Honorable Barbara A. Dortch-Okara, Chief Justice for Administration and Management, November 10, 2000 (PDF- 82K)

Appendix C - Official Court Forms for Proceedings Under G.L. c. 209A

FA-1 Complaint for Protection From Abuse (page 1) (PDF - 178K)

FA-1A Complaint for Protection From Abuse (page 2) (two sided) (PDF - 108K)

FA-2 Abuse Prevention Order (page 1) (PDF - 184K)

FA-2A Abuse Prevention Order (page 2) (PDF - 114K)

FA-3 Cover Form for Abuse Prevention Order forms for use by Police Departments, after hours.(Forms not included here) (PDF - 168K)

FA-5 Defendant Information Form Confidential Information Form (PDF - 69K)

Defendant Information Form in Restraining Order Cases (PDF 13K)



Appendix D - District Court Transmittal No. 617, October 9, 1996, "Use of Certified Batterers' Treatment Programs in the Disposition of Criminal Cases" (PDF - 147K)

Appendix D-1 - List of Department of Public Health Certified Batterers' Treatment Programs

Appendix E - Procedure for Requesting Certified Language Interpreters for Non-English Speakers (G.L. c. 221C) (PDF - 341K)

Appendix F - Affidavit for Cases Involving Care and Custody of Children (PDF - 415K).

Appendix G - Sample Notice of Hearing to Incarcerated Defendant (PDF - 34K) and Motion for Writ of Habeas Corpus (PDF - 36K)

Appendix H - Sample Plaintiff's Motion to Vacate Restraining Order (PDF - 43K)

Appendix I - Sample Notice to Defendant in Restraining Order Cases (PDF - 48K)

Appendix J - Justices' Bulletin #98-25, Registers' Bulletin #98-29, First Assistant Registers' Bulletin #98-13, Chief Probation Officers' Bulletin #98-16, Honorable Sean M. Dunphy, Chief Justice, Probate and Family Department, October 15, 1998. (Enclosure not included)

Appendix K - District Court Transmittal No. 515, August 10, 1994, "New Law Regarding Bail and 'Dangerousness'", including sample form. (PDF - 1,147K)

Appendix L - Sample Form for Warning Plaintiff of Defendant's Release on Bail or Personal Recognizance (PDF - 17K)

Appendix M - Stipulation for Voluntary Acknowledgment of Parentage (PDF - 415K)

Appendix N - Findings Relating to the Issuance of A Custody Order to the Non-Abusive Parent (PDF - 221K) and to the Abusive Parent (PDF - 273K)

Appendix O - Administrative Order 96-1: Procedure for Interdepartmental Determinations in Abuse Prevention Proceedings (PDF - 272K)

Appendix P - Memorandum to all Justices, Probate and Family Court Department from Chief Justice Fitzpatrick Regarding Administrative Order 96-1, November 25,1996 (PDF - 398K); and District Court Transmittal No. 623, December 4, 1996, "Procedures Regarding Probate and Family Court Action on District Court Domestic Abuse Orders" (PDF - 65K)

Appendix Q - Resource Materials on Domestic Violence Available from the Judicial Institute (PDF - 113K)

Appendix R - Table of Cases (PDF - 53K)

Appendix S - Table of Statutes, Acts, and Rules (PDF - 25K)