209A Guideline 3:09: Role of Advocates at Ex Parte Hearings

Part of the Guidelines of Judicial Practice: Abuse Prevention Proceedings.

Guideline 3:09

Judges should permit advocates to stand with the plaintiff whom they are assisting throughout the proceedings and to aid and support the plaintiff during the hearing to the extent that the plaintiff wishes it and the court deems it helpful.

Commentary

Trained advocates and friends or relatives of the plaintiff can play an important role in supporting the plaintiff through what may be a difficult process and in reminding the plaintiff to provide the court with all relevant information. See Guideline 2:08 Role of Advocates in Assisting Parties.

The role of the non-lawyer advocates in the courtroom should be limited to aiding the plaintiff in his or her presentation to the court. Such aid may involve reminding the plaintiff of relevant factual information or pertinent circumstances that a plaintiff may have forgotten to state or, for whatever reason, did not bring to the court’s attention. An advocate with personal knowledge pertaining to the allegations raised by the plaintiff may testify to such facts upon being sworn as a witness.

The advocate can also assist in safety planning, including safety planning for service of the abuse prevention order. The advocate can also be asked to notify the Department of Children and Families (DCF) or the Executive Office of Elder Affairs (EOEA) to seek protective services for a child or elder where appropriate.

Contact

Last updated: October 20, 2025

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback