Guideline 4:01A
The fact that a defendant is a non-resident is not dispositive on the issue of personal jurisdiction. Moreover, because 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.
All ex parte orders issued under c. 209A must include an order that the defendant surrender any firearms or ammunition as well as firearm licenses. G.L. c. 209A, § 3B. See Guideline 4:04 Ex Parte Orders to Surrender Firearms, Ammunition, and Firearms Licenses (FID; LTC). The defendant then has the right to challenge the court’s personal jurisdiction and to contest the court’s authority to issue affirmative orders. See Guideline 5:01B Personal Jurisdiction: Objection.
Commentary
In Caplan v. Donovan, the Supreme Judicial Court held that “a court may issue . . . an order of prevention and protection even without personal jurisdiction over the defendant, but may not impose affirmative obligations on the defendant if there is no personal jurisdiction.” Caplan v. Donovan, 450 Mass. 463, 463-464 (2008), cert. denied, Donovan v. Caplan, 553 U.S. 1018 (2008).
All ex parte orders issued under c. 209A, however, must include an order that the defendant surrender any firearms, rifles, shotguns, and/or ammunition as well as firearms licenses. G.L. c. 209A, § 3B. See Guideline 4:04 Ex Parte Orders to Surrender Firearms, Ammunition, and Firearms Licenses (FID; LTC).
Because lack of personal jurisdiction is a defense that must be raised, the judge should issue whatever ex parte orders are necessary to protect the plaintiff from further abuse, including affirmative orders such as surrender of firearms, ammunition, and firearms licenses (FID; LTC), even if the defendant is a non-resident. See 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). As such, any personal jurisdiction issues should be addressed at the hearing after notice. See Guideline 5:01B: Personal Jurisdiction: Objection.
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| Last updated: | October 20, 2025 |
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