Guideline 4:07A
When an order under G.L. c. 209A is issued against a non-resident defendant, the c. 209A order and complaint is to be immediately transmitted to “the appropriate law enforcement agency” as service on the defendant must still be made in-hand. G.L. c. 209A, § 7. The Defendant Information Form should be transmitted as well. Service by alternative means should only be authorized after finding that there has been a conscientious and reasonable effort to effect in-hand service.
The “appropriate law enforcement agency” is, in most cases, the police or sheriff’s department with jurisdiction over the defendant’s residence. The clerk should contact the local police or sheriff’s department directly or, if unsure which police or sheriff’s department to call, can call that state’s state police to assist in identifying the proper contact to effect service.
Whether service is completed by a police officer, sheriff, or state marshal, the clerk should direct that the defendant be served with a copy of the order and a copy of the complaint, and that a return of service be made to the court.
Commentary
There should not be a requirement to pay for service as grants provided by the Violence Against Women’s Act prohibit imposing fees for the issuance, service, and enforcement of protection orders. It has been the case that all states and territories receive this funding, and many states have their own laws prohibiting collection of fees for serving protection orders. Despite this, there have been occasions where the court is told payment is required. If the court is unable to resolve this with the other jurisdiction, courts can accept invoices received and submit them to the Trial Court Domestic and Sexual Violence Coordinator in the Executive Office of the Trial Court to coordinate with finance to determine if payment is actually required. If the serving state refuses to serve without payment, contact the Trial Court Domestic and Sexual Violence Coordinator who may be able to assist in communications with the serving state.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|