Guideline 12:04
When a complaint is filed, in addition to conducting a check of the Warrant Management System (WMS), criminal history information, and the Statewide Registry of Civil Restraining Orders, see Guideline 2:10 Check of Criminal History Information, Including the Statewide Registry of Civil Restraining Orders, and Other Probation Department Involvement and Guideline 2:11 Check of the Warrant Management System (WMS) and Court Files, all Probate and Family Court records shall be checked to cross-reference other cases between the same parties.
Commentary
When entering c. 209A orders, a judge should be aware of any existing orders. For example, a judge should determine whether there are in place support, custody, or parenting time orders, a guardianship or other order giving custody to a third party, or temporary orders entered in connection with a currently pending divorce, or other complaint. Where a related action (e.g., complaint for divorce, custody, separate support, or parentage, or a petition for the appointment of a guardian of a minor) is in the same court, all files should be pulled and brought into the courtroom together. If an order exists in another pending action within the Probate and Family Court and the terms of the c. 209A order alter the prior order, a modification of the prior order should enter on the original action. A copy of that modified order shall be served on the defendant and forwarded to the probation department for processing.
Custody, support and parenting time orders by the Probate and Family Court supersede a previously issued c. 209A order issued by the Probate and Family Court or another court department. G.L. c. 209A, § 3. When a Probate and Family Court judge issues an order that conflicts with an existing c. 209A order, the judge must modify the existing c. 209A order to resolve the inconsistency. See Guideline 12:07 Custody and Parenting Time Orders in Probate and Family Court: Amending Inconsistent c. 209A Orders and Guideline 13:00 Amending c. 209A Orders to Make Consistent with Subsequent Probate and Family Court Orders Regarding Children.
A support or custody order which exists only by virtue of the c. 209A order will not remain in effect beyond the life of the c. 209A order. Particular attention should be paid to any c. 209A support order that is enforced through an income assignment through the Department of Revenue (DOR). Although the c. 209A support order is no longer valid when it lapses or is terminated, until a Request for Termination of Full Child Support Services is signed and transmitted, the obligor’s wages will continue to be subject to income withholding.
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| Last updated: | October 20, 2025 |
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