Guideline 2:01
The primary role of court personnel when a plaintiff seeks relief under c. 209A is to facilitate the filing of the complaint. The plaintiff should be questioned briefly about the nature of the case and then assisted in completing the complaint form, affidavit, and other documents. Court personnel should proceed with patience, respect, professionalism, and objectivity, but should not offer legal advice. In appropriate circumstances, court personnel should refer the plaintiff to the victim witness advocate who may be permitted to offer additional assistance and advice to plaintiffs.
Only the judge should rule on the facts of a request for a c. 209A order. Court personnel should not attempt to “screen out” complaints or investigate the accuracy of allegations. Nor should they challenge a plaintiff's motives or intent, or attempt to refer the plaintiff to service providers in lieu of filing the complaint.
Commentary
The role of the clerk’s office in processing c. 209A cases is to provide assistance. No attempt should be made to “screen out” such cases. See Guideline 2:05 Processing the Complaint. Staff members should also be prepared to assist those seeking to file a certified copy of a protection order issued by other jurisdictions, as well as the requisite affidavit attesting to the validity and effectiveness of the other jurisdiction’s order. See Guideline 14:00 Filing and Enforcement of Abuse Prevention and Other Protective Orders Issued by Other Jurisdictions. Courts should encourage the involvement of victim assistance personnel or advocates in assisting the plaintiff with the complaint form. See Guideline 2:08 Role of Advocates in Assisting Parties.
The plaintiff, upon filing a complaint for a protection order, is to be given the main resource flyer entitled “Resources for Safety and Support,” which includes statewide listings for domestic violence programs, sexual assault programs, child witness to violence programs, 24-hour Hotlines, and the local district attorney’s offices. Supplemental regional flyers are also available and include county specific information. These resources are available on the Trial Court’s public website on Mass.gov and can be downloaded and printed as needed.
Finally, court personnel should provide, if available, information prepared by the appropriate district attorney’s office, pursuant to G.L. c. 209A, § 3A, regarding the options available for criminal prosecution.
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| Last updated: | October 20, 2025 |
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