Guideline 5:08
If the plaintiff appears on the date scheduled for the hearing after notice and requests that the abuse prevention order be terminated, the judge does not need to take any action and can let the order expire by its own terms at the end of the day as it would if the plaintiff had not appeared, or the judge may terminate the order effective immediately.1
Prior to terminating the order, the court may inquire whether any different or lesser order or component of the existing order (e.g., a refrain from abuse order and restriction on firearms) should be left in effect to accomplish the plaintiff’s purpose.
Nevertheless, a plaintiff who wishes to terminate the order should be permitted to do so, regardless of the reason given or the presence of any child(ren). But see Guideline 10:03 Care and Protection Proceedings. It is also important for the judge to state that terminating the order will not prevent a plaintiff suffering from abuse from seeking a new order or other protection from the court or the Judicial Response System at any time in the future.
Commentary
The courts alone cannot protect a victim of domestic violence from a partner who utilizes abuse and who is undeterred by the threat of arrest or incarceration. A victim of such abuse is in the best position to decide what course of action will provide more safety. At a given time, a plaintiff may believe that an abuse prevention order might exacerbate the level of danger. Similarly, a plaintiff may feel compelled for economic or family reasons to seek to terminate an abuse prevention order. Thus, the plaintiff’s decision to terminate an order must be respected.
It is appropriate to refer plaintiffs who wish to terminate an abuse prevention order to an advocate who can review information about supportive services that might assist them. This information might include referrals to shelters and/or support groups for individuals who have experienced intimate partner abuse, information about applying for public assistance or for obtaining support from the defendant through the court and the Department of Revenue (DOR), see Guideline 6:05B Support Orders. For a listing of supportive resources organized geographically, the “Resources for Safety and Support” flyer and supplemental regional flyers can be found on Mass.gov.
A plaintiff may also be interested in intimate partner abuse education (IPAE) programs. For a list of IPAE programs go to Mass.gov, search for “Intimate Partner Abuse Education Program Services,” and click on “Download a list of Massachusetts Certified Intimate Partner Abuse Education Programs.”
There are several instances in which a different order would serve the plaintiff’s purpose as effectively as terminating the original order. For example, a plaintiff might wish to attend some function with the defendant, or to see the defendant outside the home. In that case, it would be appropriate to terminate the “no contact” part of the order, but to leave the “stay away from the residence” and “no abuse” orders in effect. It should be noted, however, that if a no contact order has been imposed on a criminal case, contact remains prohibited despite the termination of the abuse prevention order unless and until the no contact order has been terminated by the criminal court.
If the judge has reason to believe that terminating the abuse prevention order will place any minor child(ren) in danger of physical harm or other abuse, the judge should advise the plaintiff that a report pursuant to G.L. c. 119, § 51A will be filed immediately. See Guideline 10:03 Care and Protection Proceedings.
Once a plaintiff has appeared before the court to terminate an order, the plaintiff may be reluctant to return no matter how great the danger. The judge should assure the plaintiff that he or she may always return to the court to seek a new order or, if the court is not open, secure an emergency order through the police utilizing the Judicial Response System.
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| Last updated: | October 20, 2025 |
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