Guideline 1:06
Generally, if a minor (person under the age of eighteen) seeks an abuse prevention order, a parent or guardian should file the petition on behalf of the minor. In such circumstances, the minor need not appear in court. Whether to require the minor to appear is within the discretion of the court.
If a minor plaintiff appears in court seeking an abuse prevention order against someone who is not a family member or a caretaker, the judge should attempt to secure the presence of a parent or guardian before proceeding with the hearing. If that is not practical, the judge may consider obtaining some form of authorization by telephone or videoconference for the minor to proceed without a parent or guardian present. If neither is practical, the judge should consider appointing counsel for the minor before proceeding with the hearing. However, particularly in the case of a mature minor (age sixteen or seventeen), the court should not refuse to issue an abuse prevention order simply because no adult is present.
Where a minor plaintiff appears in court, without a parent or guardian, seeking an abuse prevention order against a family member or caretaker, the judge may consider appointing counsel for the minor before proceeding with the hearing. If the judge finds a basis to issue an order, the judge should direct that, pursuant to G.L. c. 119, § 51A, a report be filed by court personnel with the Department of Children and Families (DCF). In appropriate circumstances, it may be necessary to request that the DCF respond to the court on an emergency basis to take custody of the minor.
Although by statute all case records of cases involving minor plaintiffs must be withheld from public inspection except by order of the court, see G.L. c. 209A, § 8, the courtroom should not be closed during c. 209A proceedings involving minors unless the strict requirements for closing the courtroom have been met. See Commentary to Guideline 3:04 Public Nature of Ex Parte Hearings.
Commentary
The court should be conscious of the sensitive nature of a request for an abuse prevention order on behalf of a minor. Although proceedings in the Juvenile Court (or the Juvenile Sessions of the District Court in those courts that retain juvenile jurisdiction) are closed to the public, there is no similar provision allowing closure during proceedings under c. 209A involving minors. However, care should be taken to minimize, to the extent possible, disclosure of unnecessary identifying information about the minors involved in such proceedings. Cases involving minors may require involvement of other governmental agencies and the court should not hesitate to direct court personnel to notify the Department of Children and Families (DCF) or any other agency where such notifications are required or advisable. See Guideline 10:03 Care and Protection Proceedings.
A petition under c. 209A on behalf of a minor should generally be made by a parent or guardian and is not dependent on whether the minor wants the order; if the parent or guardian establishes the basis for the issuance of an abuse prevention order, the court should issue the order. Cf. Sharon v. City of Newton, 437 Mass. 99, 108 (2002) (the law presumes that fit parents act in furtherance of the welfare and best interests of their children, and, with respect to matters relating to their care, custody, and upbringing, have a fundamental right to make those decisions for them). In some situations, the court should confirm that the adult filing on behalf of the minor has legal custody such that they have the authority to act on behalf of the minor. For example, where DCF has legal custody of the child(ren), only DCF may file on behalf of the child(ren). If the issue is ambiguous, but there is a basis to issue an ex parte order, the court should consider scheduling the two-party hearing sooner than the maximum ten days.
Authorization from a parent or guardian in writing, over the phone, or by videoconference may, in appropriate circumstances, substitute for the presence of such a person. In some circumstances, however, the court can and should allow a minor to proceed without a parent or guardian. The court should not refuse to act solely because the court cannot contact a parent or guardian, particularly where the minor is mature (sixteen or seventeen), and where the defendant is an intimate partner or a family member who is not a parent or guardian or where there is an imminent threat of bodily injury.
The standard for issuance of an order under c. 209A is the same for minors as for adults. Abuse is defined as attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm, causing another to engage involuntarily in sexual relations by force, threat, or duress, or coercive control. G.L. c. 209A, § 1. Evidence of involuntarily sexual relations by force, threat or duress under the third statutory definition of abuse (G.L. c. 209A, § 1(c)) does not require proof of a reasonable fear of imminent harm to obtain relief. Yahna Y. v. Sylvester S., 97 Mass. App. Ct. 184, 186-87 (2020). Sexual contact with a plaintiff under the age of sixteen that is not accompanied by force, threat, or duress does not meet the definition of abuse, even though it may constitute a criminal offense, unless it meets the definition of coercive control. It may, also be a basis for the issuance of a c. 258E order. G.L. c. 258E, § 1. (defining harassment to include a violation of G.L. c. 265, § 23). See also F.A.P. v. J.E.S., 87 Mass. App. Ct. 595, 599 (2015). Note, however, that while the Juvenile Court has no authority to issue relief under c. 209A, Juvenile Court does have authority to issue relief under c. 258E and has exclusive jurisdiction over c. 258E orders where the defendant is a minor.
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| Last updated: | October 20, 2025 |
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