Guideline 6:02
An initial order issued after notice should be for one year, unless the plaintiff requests a lesser period. The plaintiff should be informed that the plaintiff must appear before the court on the date set for expiration of the order if the plaintiff wishes the order extended, and that, if the plaintiff does not appear on the expiration date, the order will expire by its own terms.
Commentary
An initial order after notice “shall be for a fixed period of time not to exceed one year.” G.L. c. 209A, § 3. An order for a period longer than one year or a permanent order is only available after an initial order after notice has been issued (sometimes referred to as the extension hearing). Vittone v. Clairmont, 64 Mass. App. Ct. 479, 486 (2005). See Guideline 6:08 Further Extending an Order After Notice on Its Expiration Date.
The court should not, as a matter of policy, issue initial orders after notice for less than a one-year period. Also, there is usually no reason for the order to track the schedule of a related criminal and/or probate case. “[N]either a defendant’s visitation rights nor the pendency of criminal proceedings is an appropriate consideration in establishing the duration of a restraining order. The exclusive focus must be on the applicant’s need for protection.” Singh v. Capuano, 468 Mass. 328, 334 (2014). See also Moreno v. Naranjo, 465 Mass. 1001, 1003-1003 (2013). Nor is it appropriate to “see how the relationship goes” if the law and the facts support the issuance of an abuse prevention order and the plaintiff wishes it to be effective for a full year. If the defendant feels at some future point that an order should be terminated or its duration or terms limited, the defendant may move to modify or vacate the order. See Guideline 6:04 Modification of Orders; Terminating Orders. However, if the plaintiff requests a lesser period, the judge may do so.
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| Last updated: | October 20, 2025 |
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