Guideline 12:10
Protective orders may be entered pursuant to G.L. c. 208, § 18 during the pendency of a divorce to prohibit one spouse from imposing restraint on the personal liberty of the other spouse.
Commentary
A request may be filed pursuant to G.L. c. 208, § 18 in the Probate and Family Court in which a divorce action is pending seeking that the other spouse be prohibited from imposing any restraint on the other spouse’s personal liberty in order to preserve the peace. General Laws c. 208, § 18 “has come to serve two, somewhat different, purposes,” as it not only authorizes judges to issue protective orders designed to prevent abuse, it also allows entry of protective orders designed to prevent harassing behaviors which do not rise to the level of abuse but nevertheless require temporary intervention during the pendency of the divorce proceedings. Hennessey v. Sarkis, 54 Mass. App. Ct. 152, 155 (2002). When G.L. c. 208, § 18 is “utilized for abuse prevention purposes akin to those of [G.L. c. 209A] . . . the serious consequences of such an order require that procedural formalities like those employed in 209A proceedings be observed.” Id. at 155-156 (internal citations omitted). A protective order issued pursuant to G.L. c. 208, § 18 is considered akin to an order entered pursuant to G.L. c. 209A when violation thereof carries criminal penalties. See Sertel v. Kravitz, 54 Mass. App. Ct. 913, 914 (2002). Either spouse or their guardian may request additional orders to protect the spouse, a ward, or their child(ren) including a request to have a party vacate the marital home in accordance with G.L. c. 208, § 34B.
Protective orders entered pursuant to § 18 are considered temporary orders. They can be extended as necessary, but will be revoked by operation of law upon the entry of a final judgment of divorce unless incorporated in the judgment. If the court intends the order to be revoked, it must be vacated on the existing order, sent to the police, and entered in the Statewide Registry of Civil Restraining Orders. If the court intends to extend protection, after incorporating the temporary order in the final judgment, the order should be examined and extended for an appropriate duration. All changes must be served on the defendant and the police and entered in the Statewide Registry of Civil Restraining Orders.
The Supreme Judicial Court has ruled that the Probate and Family Court is authorized to issue permanent protective orders and incorporate them into judgments of divorce nisi, pursuant to the second sentence of G.L. c. 208, § 18. Champagne v. Champagne, 429 Mass. 324 (1999). Cf. Commonwealth v. Blessing, 43 Mass. App. Ct. 447 (1997). In Crenshaw v. Macklin, 430 Mass. 633, 635 (2000), the Supreme Judicial Court affirmed a court’s authority to issue a permanent order following a “renewal hearing.”
When requesting an extension of a protective order, the plaintiff need not make a showing of new abuse. See Guideline 6:08 Further Extending an Order After Notice on Its Expiration Date.
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| Last updated: | October 20, 2025 |
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