Guideline 3:08
To the extent practicable, it may be helpful to review prior complaints by either of the parties, whether allowed or denied. However, while prior complaints by either party may be considered for context, each complaint must be evaluated on its own merits to determine whether evidence exists to support issuance of an abuse prevention order.
Commentary
A plaintiff may initially seek relief, but then not appear at a subsequent hearing, request the order be terminated, or decide not to report violations of an order. Many complex dynamics contribute to this behavior. These can include, but are not limited to, the following: the plaintiff’s need for financial support, the plaintiff’s desire to reconcile with the defendant, coercion or intimidation by the defendant, family pressures, issues regarding children, and a plaintiff’s sense of heightened danger at the time of separation. It is not uncommon, given these complex dynamics, that courts may see repetitious complaints. Instead of discouraging this behavior, judges and court staff should make sure that plaintiffs are aware that they are not precluded from returning to court to seek an order of protection either during court hours or through the Judicial Response System even if the court is closed.
Where a plaintiff fails to appear at a hearing after notice and later seeks relief based on conduct that gave rise to a previous lapsed order, see Guideline 5:06, Failure of the Plaintiff to Appear.
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| Last updated: | October 20, 2025 |
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