Guideline 2:12
Court personnel should inform the plaintiff that c. 209A proceedings are civil in nature, but that certain violations of the orders issued under c. 209A are criminal in nature, as required by G.L. c. 209A, § 3A. Violations of orders (1) to refrain from abuse, (2) to vacate the household, or (3) to have no contact with and/or stay away from the plaintiff, are criminal violations enforceable under c. 209A. See Commonwealth v. Finase, 435 Mass. 310, 313-314 (2001). In addition, G.L. c. 209A, § 3B provides for criminal enforcement of a violation of an order to surrender firearms, ammunition, and firearm licenses. See Guideline 8:00 Criminal Prosecution of Violations of Abuse Prevention Orders; Venue.
In all cases, particularly those involving allegations of serious injury, court personnel should provide information developed by the district attorney’s office, pursuant to G.L. c. 209A, § 3A, if available, regarding the options available for criminal prosecution. A plaintiff who wishes to pursue criminal charges should be referred to the district attorney’s office, the police, or advocates within the court to discuss that decision. Alternatively, a plaintiff may immediately file an application for a criminal complaint in the clerk’s office in a District Court or Boston Municipal Court. Providing information regarding procedures for a criminal complaint should be in addition to, and not in lieu of, receiving and processing the c. 209A complaint.
Commentary
Many plaintiffs may not understand the difference between the civil relief provided by c. 209A and criminal penalties of violating the civil order. The law requires that the plaintiff be advised that the abuse prevention order is civil in nature, but that certain violations of the order constitute a criminal offense. The law requires that the information be given in the plaintiff’s native language “whenever possible.” G.L. c. 209A, § 3A.
In certain cases, the degree of harm, or threat of harm, is so great that protection under c. 209A alone may not be sufficient. Particularly in those cases, court personnel should inform the plaintiff about the availability of criminal prosecution and provide, if available, information developed by the appropriate district attorney’s office, pursuant to G.L. c. 209A, § 3A, regarding the options available for criminal prosecution.
Referral to the police, an advocate, or to the district attorney’s office may be appropriate because it permits the prosecutor to assess, and to discuss with the plaintiff, the strength of a prospective criminal action, the level of participation required of the plaintiff in such an action, and possible outcomes.
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| Last updated: | October 20, 2025 |
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