Guideline 1:05
Public access to documents and case files in c. 209A proceedings is governed by c. 209A itself and by the law and procedures for court impoundment of court documents generally.
Pursuant to G.L. c. 209A, § 8, records of abuse prevention order proceedings where the plaintiff and/or defendant is a minor (person under the age of 18) are to be withheld from public inspection except by order of the court. Without a court order, access is limited to the parties, their attorneys, or the minor’s parent(s)/guardian(s).
Records of abuse prevention order proceedings where the parties are adults are available for public inspection, except for the plaintiff’s residential address, residential telephone number, workplace name, workplace address, and workplace telephone number absent an order of the court. The plaintiff’s residential address and workplace address, however, are to appear on the order and be accessible to the defendant and the defendant’s attorney unless the plaintiff specifically requests that that information be confidential. If the plaintiff so requests, that information should not be included on the order and should not be disclosed to the defendant. In such cases, stay away orders should be framed in terms of “wherever that may be,” and the appropriate box(es) should be checked so that the addresses will not appear on the order. Because the address information will therefore not be entered on the order or entered into the Department of Criminal Justice Information System (DCJIS), the address information is not accessible to law enforcement except during the business hours of the court. The plaintiff should be advised of this as the plaintiff may choose to notify the police department of their address if concerned that the defendant may come to that location.
The plaintiff must provide the information they want to keep confidential on the Plaintiff Confidential Information Form. This form is kept by the court, but is not part of the public record. A substitute residential and/or workplace address, such as a post office box, may be utilized where safety reasons are present, such as when the plaintiff is residing in a confidential domestic violence shelter. Confidential information shall be accessible at all reasonable times to the plaintiff and plaintiff’s attorney, to those specifically authorized by the plaintiff to obtain such information, and, if necessary in the performance of their duties, to prosecutors, victim witness advocates, domestic violence victim counselors, sexual assault counselors, and law enforcement officers. Before providing any confidential information to an authorized person, the clerk's office should request identification to verify that the requestor is an authorized person and may require a written request on a Request for Access to Plaintiff Confidential Information.
The confidentiality provisions of § 8 apply to any protection order issued by another jurisdiction that is filed with the court pursuant to G.L. c. 209A, § 5A. Confidential portions of the record are not deemed to be public records under the provisions of G.L. c. 4, § 7, clause 26. G.L. c. 209A, § 8.
The plaintiff may also request that other information be impounded, that is, kept confidential from the general public by court order. The plaintiff may use the Motion for Impoundment & Affidavit. See Trial Court Rule VIII: Uniform Rules on Impoundment Procedure. The judge may, on motion of either of the parties or the judge’s own motion, based on the circumstances presented, impound or redact an affidavit or identifying information in the order.
Commentary
Except as noted, judicial records of c. 209A proceedings are presumptively open to the public. Boston Herald, Inc. v. Sharpe, 432 Mass. 593, 608 (2000). See Trial Court Rule XIV: Uniform Rules on Public Access to Court Records. This includes the audio recordings of c. 209A proceedings.
Before providing public access to a c. 209A file involving adult parties, the clerk should review the file and redact or remove the plaintiff’s residential address, residential telephone number, workplace name, workplace address, and workplace telephone number wherever it may appear. This would include photocopies of a plaintiff’s identification for those courts that may keep this information in the file when verifying the identity of a plaintiff who is seeking to terminate a restraining order or vacate one of its provisions, consistent with Guideline 5:08 Request by the Plaintiff to Terminate Abuse Prevention Order. Plaintiff safety is the most important aspect of the confidentiality requirements in c. 209A proceedings.
Unless the plaintiff has requested address information to remain confidential, the addresses will be listed on the order. Because this information is only available to a defendant and not to the public generally, before providing a copy of an order that lists the plaintiff’s residential and/or workplace addresses, the clerk should request identification to confirm that the person is in fact the defendant (or the defendant’s attorney). Similarly, before any confidential information is provided to a person authorized to receive it pursuant to G. L. c. 209A, § 8, the case file should be carefully reviewed to determine if the information has also been impounded by a separate court order.
The court should also be cautious about eliciting the plaintiff’s address information on the record during the hearing as the “For the Record” recording system allows online access to the audio of courtroom proceedings. Plaintiffs should be advised not to give their address information during the ex parte hearing unless specifically asked to do so by the judge. Then, prior to eliciting any address information, a judge can direct the clerk to use the “seal” button on the recording system to impound that portion of the audio. If the clerk does not press the “seal” button prior to address information being disclosed on the record, then the clerk can send an email to mass.support@fortherecord.com, designating the date, court, courtroom, and start and stop time of the segment that should be impounded. This is one of the reasons it is important for clerks to routinely use the barcode scanner each time the case is called.
If a plaintiff is residing at a domestic violence shelter, the plaintiff should not disclose that address, but instead use the mailing address provided by the shelter or other address that can be used for notice to the plaintiff without divulging the plaintiff’s location. See G.L. c. 209B, § 3. See also G.L. c. 9A (Address Confidentiality Program).
It should be noted that, pursuant to G.L. c. 6, § 172D, child support enforcement agencies may be granted access to records contained in the Statewide Registry of Civil Restraining Orders.
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| Last updated: | October 20, 2025 |
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