209A Guideline 4:06: Information for the Plaintiff

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

Guideline 4:06

If an ex parte order issues, the plaintiff should be told:

1. the order is effective immediately;
2. the contents of the order;
3. that the police will serve the order on the defendant as soon as possible;
4. the date and time of the hearing after notice;
5. the expiration date and time of the order;
6. what will happen if either or both parties fail or choose not to appear at that hearing; and,
7. that the plaintiff should keep a copy of the order on their person and, in the event the defendant violates the order, the plaintiff should contact the police immediately.

The Regional Administrative Justices of the Superior Court and the First Justices of the divisions of the Boston Municipal Court, District Court, and the Probate and Family Court departments should coordinate with their staff to ensure that either court personnel or an advocate effectively communicates this information to the plaintiff. The plaintiff should also be given the “Notice to Plaintiff Regarding Abuse Prevention (Restraining) Order” which provides additional information in writing to help the plaintiff understand the terms of the order. The plaintiff also is to be given the main resource flyer entitled “Resources for Safety and Support,” which includes statewide listings for domestic violence programs, sexual assault programs, child witness to violence programs, 24-hour Hotlines, and the local district attorney’s offices. Supplemental regional flyers are also available and include county specific information. These resources are available on the Trial Court’s public website on Mass.gov and can be downloaded and printed as needed.

Commentary

For an ex parte order to be fully effective, its contents and meaning should be explained fully and completely to the plaintiff. The plaintiff should be told that the police will attempt to serve the defendant with a copy of the order as issued. The plaintiff should contact the police immediately if the defendant violates the order.

If the plaintiff has requested that their residence and/or workplace addresses be confidential and not included on the order, the plaintiff should be advised that although the order and complaint are transmitted to the police, the addresses of the plaintiff’s residence or workplace are not. The address is not entered into Department of Criminal Justice Information System (DCJIS), and the information is not accessible to law enforcement except during the business hours of the court. The plaintiff should be advised that they should consider notifying the police department of their address if concerned that the defendant may come to the address.

The plaintiff should also be told that the order remains in effect until its termination date and time unless a judge changes or terminates the order before then. Any action by the defendant contrary to its terms may subject the defendant to immediate, warrantless arrest and possible criminal prosecution. See Guideline 8:03 Plaintiff’s Acquiescence or Consent to the Violation Does Not Bar Criminal Prosecution.

Finally, the plaintiff should be told that certain violations of c. 209A orders are subject to immediate and warrantless arrest: (1) to refrain from abuse, (2) to vacate the household, (3) to have no contact with and/or stay away from the plaintiff, and (4) violations of firearm surrender orders. G.L. c. 209A, § 6(7). See Commonwealth v. Finase, 435 Mass. 310, 313-314 (2001). See also G.L. c. 209A, § 3B.

Last updated:	October 20, 2025