Guideline 1:00
These Guidelines apply to proceedings under the Abuse Prevention Act, G.L. c. 209A, in the District Court, Boston Municipal Court, Probate and Family Court, and Superior Court departments of the Trial Court, to related criminal proceedings in the District Court, Boston Municipal Court, and Superior Court departments, and to related matters in the Probate and Family Court Department.1 These Guidelines also apply to protection orders issued by other jurisdictions. General Laws c. 209A, § 5A provides that any protection order issued by another jurisdiction, as defined in § 1 of G.L. c. 209A, shall be given full faith and credit throughout the Commonwealth and enforced as if it were issued in the Commonwealth for as long as the order is in effect in the issuing jurisdiction. See Guideline 8:00 Criminal Prosecution of Violations of Abuse Prevention Orders; Venue; and Guideline 14:00 Filing and Enforcement of Abuse Prevention and Other Protective Orders Issued by Other Jurisdictions. All proceedings under c. 209A should be undertaken with sensitivity to safety, the need to ensure due process, and the personal and emotional nature of the issues involved.
Please note the term “clerk magistrate” in these Guidelines, unless otherwise expressly provided, shall mean anyone serving in the position of Clerk Magistrate, Clerk of Courts, Assistant Clerk Magistrate, or Register. The terms “clerk” or “clerk’s office” shall mean any staff person working in the office of the Clerk Magistrate, Clerk of Courts, or Register.
The Guidelines describe abuse prevention orders issued under c. 209A in three categories:
- Emergency Orders. General Laws c. 209A, § 5 provides for temporary relief when the court is closed for business. When relief is granted under § 5, a complaint shall be filed in court on the next business day. Orders issued pursuant to § 5 are described in these Guidelines as “emergency” orders. See Guideline 11:00 Procedure for Response to Complaints When Court is Not in Session: Judicial Response System and Guideline 1:08 Plaintiff Unable to Appear in Court. Emergency orders expire at the end of the next available court business day when a judge is sitting.
- Ex Parte Orders. General Laws c. 209A, § 4 provides for the issuance of abuse prevention orders without notice to the defendant if the plaintiff “demonstrates a substantial likelihood of immediate danger of abuse….” Orders obtained pursuant to G.L. c. 209A, § 4 have a maximum duration of ten court business days and are described in these Guidelines as “ex parte” orders. See Guidelines 3:00, et. seq., Ex Parte Hearings and Guidelines 4:00, et. seq., Ex Parte Orders. These orders are initiated by the filing of a complaint or by a complaint received after the issuance of an out-of-court emergency order. A hearing is held forthwith, but with no notice to the defendant.
- Orders After Notice. Abuse prevention orders issued under c. 209A that are issued after notice to the defendant and an opportunity for the defendant to be heard are described in these Guidelines as “orders after notice.” These orders may be issued in four different contexts: (1) after a hearing held within ten court business days after the issuance of an ex parte order; (2) when the defendant is present for the hearing (e.g., at an arraignment); (3) on motion for modification by either party during the life of an order; and, (4) on the expiration date of an order that was issued after notice. There are differences between an “initial order” after notice and an “extension order” after notice:
- Initial Order After Notice. This term refers to the first order that issues at the scheduled two-party hearing. An initial order after notice has a maximum duration of one year. G.L. c. 209A, § 3. See Guideline 6:00, et. seq., Orders After Notice.
- Extension Order After Notice. This term refers to an order issued on the expiration date of an initial order after notice. An extension order may be issued for any additional time necessary to protect the plaintiff. This could include a permanent order. See Guideline 6:08 Further Extending an Order After Notice on Its Expiration Date.
As used in these Guidelines, the following terms shall have the following meanings:
- Abuse Prevention Order. Any emergency, ex parte, or order after notice issued pursuant to c.209A, as well as orders issued by the Probate and Family Court pursuant to G.L. c. 208, §§ 18, 34B or 34C, G.L. c. 209, § 32, orders issued in parentage actions pursuant to G.L. c. 209C, §§ 15 or 20, and any protection order issued by another jurisdiction as defined by G.L. c. 209A, § 1. If a guideline or particular commentary is limited to abuse prevention orders issued only pursuant to c. 209A, such limitation will be expressly noted. Otherwise, the use of the term “abuse prevention order” is intended to encompass all such orders listed herein.
- Domestic Abuse. Abuse as defined by G.L. c. 209A, § 1: the occurrence of any of the following acts between family or household members: (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat, or duress; or (iv) coercive control as that term is defined in G.L. c. 209A, § 1. Family or household members are defined as: persons who (i) are or were married to one another; (ii) are or were residing together in the same household; (iii) are or were related by blood or marriage; (iv) have a child in common, regardless of whether they have ever married or lived together; or, (v) are or have been in a substantive dating or engagement relationship.
- Intimate Partner Abuse Education Program. The education program that formerly was referred to as a “certified batterer intervention program.” While many materials and resources that are still in circulation, as well as c. 209A, continue to utilize the old name, the Guidelines will update references herein to the new name.
- Parenting Time Orders. In the Probate and Family Court, “visitation orders” are now referred to as “parenting time orders.” While c. 209A uses the term “visitation,” these Guidelines will use the same term utilized by the Probate and Family Court.
- Terminated Orders. The term “vacate” or “vacated order” is used in the statute to describe those orders that have been terminated upon motion of either party or because the plaintiff did not appear at a scheduled hearing. In contexts other than c. 209A, the word “vacate” carries the connotation that the order should not have been originally issued. For the purposes of these Guidelines, vacating an order merely terminates the order as of the date it was vacated, with the record of the order remaining in the Statewide Registry of Civil Restraining Orders. Therefore, to avoid confusion, both the Guidelines and forms will henceforth use the word “terminated” to describe those orders that have been terminated after a hearing or upon motion by the plaintiff. Please note, however, “vacate” will still be used when referring to specific language in a statute or case. See Guideline 6:04 Modification of Orders; Terminating Orders.
Commentary
The Abuse Prevention Act, G.L. c. 209A, is one of the most sensitive and potentially volatile areas of Trial Court jurisdiction. These Guidelines are intended to provide an analysis of the legal requirements of that law and to recommend particular interpretations in the many areas where the statute is vague or silent. The Guidelines also address the many unique practical, procedural, and policy issues presented by c. 209A.
Although the Guidelines apply to c. 209A proceedings in four court departments, some of the Guidelines are not applicable to one or more of the departments because of the differences in jurisdiction on related matters. Nonetheless, all departments are encouraged to be aware of the Guidelines to promote a coordinated response by the Trial Court to domestic violence cases.
Case law has referred to orders issued pursuant to c. 209A as both “abuse prevention orders” and “abuse protection orders,” as well as “restraining orders.” These Guidelines will use the term “abuse prevention order” where a Guideline applies to orders issued pursuant to G.L. c. 209A, as well as Probate and Family Court orders pursuant to G.L. c. 208, §§ 18, 34B, or 34C, or G.L. c. 209, § 32, orders issued in a parentage action pursuant to G.L. c. 209C, §§ 15 or 20, and protection orders issued by another jurisdiction. While the term “abuse prevention order” or “restraining order” will typically mean orders issued pursuant to c. 209A, where a guideline is limited to c. 209A orders, such limitation will be noted by referring to “abuse prevention orders pursuant to c. 209A.”
It should be noted that, in 2014, the Legislature enacted a new crime, G.L. c. 265, § 13M, which prohibits “assault or assault and battery on a family or household member,” but defined “family or household member” differently than that term is defined by c. 209A. The definition under § 13M is limited to intimate partners, that is, persons who (a) are or were married to one another, (b) have a child in common regardless of whether they have ever married or lived together, or (c) are or have been in a substantive dating or engagement relationship.
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| Last updated: | October 20, 2025 |
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