Guideline 12:05
Where a no contact order is in effect, the parties shall not be required to meet face to face outside the courtroom regarding any Probate and Family Court proceeding.
Commentary
When the court hears temporary orders or other pre-trial matters in a divorce, separate support, or parentage action and an abuse prevention order is in effect, the court must be made aware of the abuse prevention order to avoid sending the parties to face-to-face dispute intervention. The probation department may conduct dispute interventions about issues other than the abuse prevention order if ordered by the judge, and provided the parties have the opportunity to remain separate and apart. Probation officers should ask whether or not an abuse prevention order is in effect, including any out-of-state orders, at the outset of every dispute intervention.
Attorneys may be excused from the requirement that counsel and the parties have a four-way conference prior to the pre-trial conference. The court may order that the two attorneys meet without their clients and conference the case prior to the pre-trial conference hearing.
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| Last updated: | October 20, 2025 |
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