Guideline 12:14
Protective orders issued pursuant to G.L. c. 208, §§ 18 and 34B; G.L. c. 209, § 32; or G.L. c. 209C, §§ 15 and 20 shall be served on the defendant by the appropriate law enforcement officials and shall otherwise be treated in a manner similar to c. 209A orders.
Commentary
Any protective order issued pursuant to G.L. c. 208, G.L. c. 209, or G.L. c. 209C shall be entered into the Statewide Registry of Civil Restraining Orders and shall be served in the same manner as orders entered pursuant to c. 209A. See Guideline 4:07 Transmission of Ex Parte Orders to the Police for Service on the Defendant and Guideline 6:03 Service of Initial Orders After Notice on the Defendant, regarding methods of service. Failure to properly serve the defendant may hamper criminal prosecution if the order is violated. See Commentary to Guideline 8:01 Enforcing Violations of Abuse Prevention Orders, regarding proper notice.
As with c. 209A orders, where the issuing judge is aware of any information that raises safety concerns for a police officer serving the order (e.g., outstanding warrants, firearms, suicidality), that information should be included on the order (or otherwise conveyed to the serving police department). If an outstanding warrant exists against the defendant, the judge must make a finding as to whether or not an imminent threat of bodily injury exists to the plaintiff. If such threat exists and the defendant is not present, the judge shall notify the appropriate law enforcement officials who are required to execute the warrant as soon as is practicable. In any event, the appropriate law enforcement officials shall be notified of any outstanding warrant. See Guideline 3:05 Court Action on Defendant’s Default, Probation, Parole, or Warrant Status at Ex Parte Hearings; Heightened Safety Concerns. In cases where the defendant is present, courts are referred to Guideline 5:07 Court Action on Defendant’s Warrant Status.
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| Last updated: | October 20, 2025 |
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