Guideline 2:08
The court should support the participation of advocates at each stage of the c. 209A process, regardless of whether such persons are: volunteers from a local advocacy group; law students; employees of the district attorney or of some other state, community, or legal service agency; or friends or family members. Where possible, such support should include providing an area of the courthouse where advocates can meet with plaintiffs, allowing sufficient time in the complaint filing process for an advocate to speak to the party, individually or, if there are multiple parties, in a group setting, assisting the party in filing the complaint, and permitting the advocate to accompany the party, when so requested, to the courtroom. See Guideline 1:04 Court’s Relationship With Local Advocacy Groups; Guideline 3:09 Role of Advocates at Ex Parte Hearings; and, Guideline 5:02 Role of Advocates at Hearings After Notice. Advocates should coordinate their efforts with the appropriate staff in each court.
Commentary
Advocates can be helpful in directing a person seeking relief under c. 209A through the myriad of court procedures. In so doing, advocates should consult with the personnel in each court identified by the clerk or chief probation officer to promote efficiency and effectiveness in the processing of these matters. A victim of abuse may experience feelings of shock, fear, depression, shame, and helplessness. Trained advocates can remind the plaintiff to provide the court with all the information necessary for the judge to make an informed decision, explain to a plaintiff the various questions which the judge may ask, and encourage the plaintiff to consider and to decide upon what relief to request.
An advocate may also be aware of potential problems which can be solved before the hearing (e.g., identifying the address, or other identifying information, of a defendant who does not live with the plaintiff), or can identify other problems of which the judge should be aware (e.g., the presence of weapons in the home which have allegedly been used in an abuse incident). An advocate should never be asked to serve an order on a defendant, but may facilitate coordination between the plaintiff and the police regarding plaintiff’s return to the home and how the defendant will remove belongings. Moreover, an advocate may be in a position to assist a plaintiff in developing a plan of action which will help to keep the plaintiff safe after the order is issued and in making referrals for other appropriate kinds of assistance, such as support groups, shelters, etc.
Other individuals, such as family members or friends, may also provide support, and such individuals should be encouraged to be present at each stage of the proceedings.
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| Last updated: | October 20, 2025 |
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