Guideline 3:03A
Since personal jurisdiction is a defense that must be raised, it need not be addressed at the ex parte hearing and the judge should issue any and all orders necessary to protect the plaintiff from further abuse.
Even if there is a question of personal jurisdiction over a non-resident defendant, a court should nevertheless issue an abuse prevention order if the standard has been met. See Guideline 4:01A Ex Parte Orders and a Non-Resident Defendant.
Commentary
Lack of personal jurisdiction is an affirmative defense which, if not raised, is waived. Am. Int’l Ins. Co. v. Robert Seuffer GMBH & Co. KG, 468 Mass. 109, 118 (2014) (“raising the absence of personal jurisdiction as a defense in a responsive pleading may not alone suffice to preserve that defense. If a party alleges a lack of personal jurisdiction in an answer and then fails to timely pursue the defense, a forfeiture of that defense may result.”). See also Lamarche v. Lussier, 65 Mass. App. Ct. 887, 890 (2006) (defense of lack of personal jurisdiction must be brought to the attention of the court). See Guideline 5:01B Personal Jurisdiction: Objection.
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| Last updated: | October 20, 2025 |
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