Guideline 2:07
Plaintiffs seeking relief initially in the District Court, the Boston Municipal Court, or the Superior Court Department should not be referred to the Probate and Family Court Department for any relief that is within the initial court’s jurisdiction (including a plaintiff’s request for child support), regardless of marital status or the fact that the parties have one or more child(ren) in common.
A plaintiff who has been improperly referred to one court by another court within the same or a different department should not be sent back to the referring court, even if the referring court had the authority to provide the requested relief. Such actions should proceed in the referral court as though the plaintiff had come there originally.
Commentary
If the court department in which a person initially seeks protection under c. 209A has jurisdiction to hear c. 209A complaints, the person should be heard as soon as possible in that court, and should not be sent to another court. Referring a plaintiff to another court may discourage the person from seeking the relief to which they are entitled under the law and may expose the person to additional danger. This is particularly so where the other court is at some distance and may be inaccessible to the plaintiff. Even if there is an existing order in the Probate and Family Court, another court can issue orders that would supersede existing orders until the Probate and Family Court can address the inconsistency. See Guideline 1:11 Plaintiff’s Requested Order Will Contradict Existing Probate and Family Court Order.
Similarly, fragmenting the relief available in the initial court, such as refusing to address child support requests as part of a c. 209A order even when the plaintiff demonstrates that such an order is necessary to protect the plaintiff from abuse, denies the plaintiff rights which the law provides, and may discourage a plaintiff from seeking any relief at all.
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| Last updated: | October 20, 2025 |
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