Guideline 1:01
The fundamental purpose of proceedings under c. 209A is to adjudicate the need for protection from abuse and, if that need is found to exist, to issue an appropriate abuse prevention order. “Abuse” is defined in § 1 of G.L. c. 209A as 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. It is appropriate for the court to explore the basis for the request beyond what is in the affidavit in determining whether there is a need for protection from abuse.
Given the protective purpose, it is not appropriate for the court in c. 209A proceedings to attempt to reconcile the parties or to mediate disputes. The court may provide information about domestic violence advocacy, counseling for substance use disorder, or intimate partner abuse education programs, but such services are not a substitute for protective relief in the form of specific orders.
In some circumstances, the plaintiff may not have had contact with the police or the district attorney’s office prior to seeking an abuse prevention order. In appropriate cases, the plaintiff may be referred to the district attorney’s office to obtain information about seeking a criminal complaint. G.L. c. 209A, § 3A. See Guideline 2:12 Referral for a Criminal Complaint.
Conditions of pretrial release in a related criminal proceeding, even if they encompass the same conditions as an abuse prevention order, are not a proper basis for denying a request for an extension of an ex parte G.L. c. 209A abuse prevention order as pretrial release conditions “are no substitute for an abuse prevention order.” Vera V. v. Seymour S., 98 Mass. App. Ct. 315, 319 (2020).
Commentary
The protective purpose of proceedings under c. 209A can be jeopardized if the court attempts to resolve any perceived underlying conflict or problem in the relationship between the parties. While it might seem desirable for the court to play what it believes to be a helpful and constructive role, this is not the purpose of the proceedings. Indeed, c. 209A expressly prohibits the court from compelling the parties to mediate any aspect of their case. G.L. c. 209A, § 3. S.T. v. E.M., 80 Mass. App. Ct. 423, 430 n.8 (2011) (finding judge’s referral to mediation “particularly troubling in light of the statute’s explicit directive that ‘[n]o court shall compel parties to mediate any aspect of their case’”). The plaintiff has a right to invoke the court’s protective authority against abuse. More importantly, any attempt to explore the nature of the underlying relationship between the parties can inappropriately shift the focus of the proceedings away from the issue of whether the plaintiff requires the protection of the court in the form of an abuse prevention order under c. 209A. The issues before the court when considering a request for a c. 209A complaint are limited in scope: is protection under the law warranted and, if so, what form should that protection take?
Judges, clerks, and other court personnel should be aware that these proceedings often take place in times of great turmoil in the lives of the parties. Both plaintiffs and defendants sometimes come to court dressed differently from other litigants, or even dressed inappropriately, and they may display emotions infrequently observed in a courtroom. While overt disrespect for the court should not be tolerated, some sensitivity is appropriate. See Commonwealth v. Contach, 47 Mass. App. Ct. 247 (1999) (regarding the use of contempt power in an abuse prevention order hearing and citing this Commentary on the need for sensitivity in such matters).
The plaintiff, upon filing a complaint for a protection order, is to be given the main resource flyer entitled “Resources for Safety and Support,” which includes statewide listings for domestic violence programs, sexual assault programs, child witness to violence programs, 24-hour Hotlines, and the local district attorney’s offices. Supplemental regional flyers are also available and include county specific information. These resources are available on the Trial Court’s public website on Mass.gov and can be downloaded and printed as needed.
See also Guideline 4:05 Reconciliation; Guideline 6:01 Referral for Treatment or Supportive Services; Guideline 10:00 Civil Commitment for Alcohol or Other Substance Use Disorder; and, Guideline 12:05 Proceedings in Probate and Family Court: Pre-Trial Conferences and Other Court Proceedings. For a list of IPAE programs go to Mass.gov, search for “Intimate Partner Abuse Education Program Services,” and click on “Download a list of Massachusetts Certified Intimate Partner Abuse Education Programs.”
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| Last updated: | October 20, 2025 |
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