Guideline 1:06A
A parent or guardian should accompany a minor defendant (under the age of eighteen) at a hearing involving a request for an abuse prevention order by a plaintiff who is not a family member or caretaker. If a minor defendant appears alone, 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 from a parent or guardian for the minor to proceed alone. If neither is practical (or if the abuse prevention order is sought by a family member or caretaker), the judge should consider appointing a guardian ad litem (GAL) for the minor.
Under c. 209A, the judge may order a minor defendant to refrain from abusing the plaintiff and to refrain from contacting the plaintiff. In some cases, this request might be made by a family member or caretaker in which case such an order might result in the defendant having to vacate and stay away from the defendant’s residence. The statute does not explicitly provide that the judge may order a minor defendant to vacate and stay away from their residence, although this Guideline takes the position that such authority is inferred from the overall protective purpose of the statute. If a minor defendant is ordered to vacate or stay away from their home, the parent or guardian retains the responsibility to provide a safe residence for the minor. The parent or guardian should be required to identify where the minor defendant will reside. If no appropriate placement is identified, the judge should request, pursuant to G.L. c. 119, § 51A, that court personnel immediately file a report with the Department of Children and Families (DCF) and that the DCF respond to the court on an emergency basis to take custody of the minor.
If the plaintiff seeks an abuse prevention order against a minor defendant who is a family member, the judge should consider informing the plaintiff that the Juvenile Court can provide information about possible related actions that may provide appropriate services to the minor, such as child requiring assistance proceedings, mental health services, or delinquency proceedings. (Note, the Juvenile Court is not authorized to issue c. 209A orders). See Guideline 2:12 Referral for a Criminal Complaint; Guideline 10:05 Child Requiring Assistance (CRA) Actions; and, Guideline 10:06 Mental Health Actions. Providing this information should be in addition to, and not in lieu of, receiving, hearing, and ruling on the c. 209A complaint. In appropriate circumstances, the judge may also consider requesting that court personnel file a report with the DCF pursuant to G.L. c. 119, § 51A. See Guideline 10:03 Care and Protection Proceedings.
Although all records of cases involving minor defendants must be withheld from public inspection, except by order of the court, see G.L. c. 209A, § 8, the courtroom should not be closed unless the strict standards for closing the courtroom have been met. See Commentary to Guideline 3:04 Public Nature of Ex Parte Hearings.
Commentary
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, or causing another to engage involuntarily in sexual relations by force, threat, or duress. G.L. c. 209A, § 1. The court departments with c. 209A authority are the appropriate forum for a c. 209A even where the defendant is a minor as the Juvenile Court does not have jurisdiction over c. 209A orders. (The Juvenile Court does have jurisdiction over c. 258E orders and has exclusive jurisdiction where the defendant is a minor).
The court should be conscious of the sensitive nature of a request for an abuse prevention order against a minor defendant. 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 that permits closing the courtroom 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.
Judges should be aware that orders that might otherwise be appropriate for adults might not be appropriate when dealing with minors. For example, an order for a minor defendant to vacate and remain away from the home might render a minor homeless. If the judge finds a basis to issue an abuse prevention order against a minor defendant at the request of a family member or caretaker that requires the defendant to vacate the defendant’s residence, the parent or guardian remains responsible for providing a safe residence for the minor defendant. Often a family member or close friend can provide such a residence, but if no such placement is identified during the hearing, the court should request that the Department of Children and Families (DCF) respond on an emergency basis to take custody of the minor defendant. The court should develop a working relationship with the DCF that will facilitate such requests when they are necessary.
Similarly, an order to stay away from school might result in a truancy situation. Such an issue should be brought to the attention of parents, guardians, or, if involved, the DCF.
Cases involving minor defendants will often require involvement of other governmental agencies and the court should not hesitate to direct court personnel to notify the DCF or other agencies where such notifications are required or advisable. Depending on the situation, care and protection, child in need of services, mental health, or delinquency proceedings may provide needed services to the minor defendant and the minor defendant’s family. See Guideline 10:03 Care and Protection Proceedings; Guideline 10:05 Child Requiring Assistance (CRA) Actions; and, Guideline 10:06 Mental Health Actions. In the event parallel proceedings are pending or are subsequently initiated resulting in orders by the Juvenile Court that are inconsistent with orders issued pursuant to c. 209A, the parties must either return to the issuing court to resolve the inconsistent order or the Juvenile Court judge may seek authorization from the Chief Justice of the Trial Court, pursuant to G.L. c. 211B, § 9, to act as a judge of the appropriate Trial Court Department and Division that issued the order to resolve the inconsistency and amend any no contact or vacate provisions of a c. 209A order accordingly on behalf of the appropriate Department.
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| Last updated: | October 20, 2025 |
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