Guideline 1:08
When a plaintiff is unable to appear in court because of severe hardship due to the plaintiff’s physical condition, G.L. c. 209A, § 5 allows a representative of the plaintiff to appear in court on the plaintiff’s behalf and file a complaint requesting an abuse prevention order. The plaintiff’s representative must also file an affidavit describing the circumstances that prevent the plaintiff from personally appearing.
In such circumstances, any justice of the Superior Court, Probate and Family Court, District Court, or Boston Municipal Court may grant an ex parte order, provided that the information provided by the plaintiff’s representative demonstrates a substantial likelihood of immediate danger of abuse.
The plaintiff’s presence is required, however, at the hearing after notice. Where the plaintiff’s physical condition is expected to prevent them from appearing at the courthouse, either permanently or within the ten court business days in which the hearing after notice will occur, the court, in its discretion, may conduct the hearing by videoconference or other means of securing the plaintiff’s virtual presence. In this circumstance, the court should conduct the hearing in the courtroom so that the hearing will be recorded.
Commentary
General Laws c. 209A, § 5 provides that when “the plaintiff is unable to appear in court because of severe hardship due to the plaintiff’s physical condition, any justice of the superior, probate and family, district or Boston municipal court departments may grant relief to the plaintiff as provided under § 4 if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse.” The court must be satisfied as to the identity of the plaintiff’s representative and the representative’s authority to act on behalf of the plaintiff. The court should take the plaintiff’s physical condition into consideration in scheduling the hearing after notice within ten court business days.
This situation should be distinguished from situations where the representative is authorized to act on behalf of the plaintiff. If the representative holds a power of attorney that authorizes the holder of the power of attorney to seek protection orders on behalf of the plaintiff, the plaintiff is not required to be present for the hearing. Petriello v. Indresano, 87 Mass. App. Ct. 438, 443-44 (2015) (terms of power of attorney authorized person holding power of attorney to seek protection order on behalf of plaintiff). Similarly, where a parent or guardian files on behalf of a minor, the minor is not required to appear at the hearing. See Guideline 1:06 Minors as Plaintiffs in c. 209A Actions.
In handling abuse prevention orders involving plaintiffs who cannot be physically present at the hearing after notice, and when the representative does not hold a power of attorney or other authorization to appear on behalf of the plaintiff at the hearing after notice, and the court conducts the hearing by telephone, it is essential that the court confirm the plaintiff’s identity. In many cases, the local police may be able to assist the court in making these determinations.
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| Last updated: | October 20, 2025 |
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