Guideline 3:03
Proceedings under c. 209A shall be filed, heard, and determined in the court having venue over the plaintiff’s residence. If the plaintiff has fled a residence or household to avoid abuse, the plaintiff may commence the action either in the court with venue over the prior residence or in the court with venue over the present residence. G.L. c. 209A, § 2. Venue is largely a matter of convenience to the parties and does not affect a court’s authority to issue temporary orders to protect a plaintiff from abuse. As such, if a plaintiff establishes a substantial likelihood of immediate danger of abuse, the court may issue an ex parte order pursuant to G.L. c. 209A, § 4, even if there is a question as to whether venue is proper.
Commentary
A defect in venue does not irrevocably strip a court of all authority to hear a case. M.B. v. J.B., 86 Mass. App. Ct. 108, 115 (2014). Venue is waivable, and, if not timely raised, is waived. Id.
Venue ordinarily should not be addressed when considering an ex parte order. See Guideline 1:09 Plaintiff in Court Without Venue.
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| Last updated: | October 20, 2025 |
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