Guideline 4:05
The court should not attempt to compel or even suggest to the plaintiff that reconciliation be attempted. The sole issue at the hearing is the alleged need for protection on an immediate basis. If that need is found to exist, an appropriate order should issue. If not, the complaint should be denied, or the matter deferred to the hearing after notice.
Commentary
It is not appropriate for the court in a c. 209A proceeding to explore, or to ask the plaintiff to explore, the possibility of improving or reconciling the underlying relationship. The issue presented at the hearing is whether immediate protection is needed and, if so, what form it should take. See G.L. c. 209A, § 3; Guideline 1:01 Protective Purpose of c. 209A; and, Guideline 6:01 Referral for Treatment or Supportive Services.
If deferring the matter for a hearing after notice, the court must be cognizant that the plaintiff will not have the protection of a c. 209A order in the interim between the filing of the complaint and the subsequent two-party hearing. For this reason, such practice should be used only in situations in which it is clear that the delay and notice will not present an elevated danger to the plaintiff.
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| Last updated: | October 20, 2025 |
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