Guideline 8:08
In criminal cases involving violations of abuse prevention orders or domestic abuse, reasonable efforts must be made to notify the named victim when the defendant is released from custody. G.L. c. 209A, § 6; G.L. c. 276, §§ 42A, 57, and 58. While G.L. c. 209A, § 6 provides that notification be made by the judge or other person authorized to take bail who releases the defendant, the bail statutes assign this responsibility to the police department when a defendant is bailed from the place of detention, and to the district attorney when the defendant is released on bail by order of a court. G.L. c. 276, §§ 42A, 57, and 58.
Commentary
The judge’s responsibility pursuant to G.L. c. 209A, § 6, to see that a reasonable effort is made to inform the named victim of a defendant’s in court release, does not depend on whether the named victim is in court or not. It is appropriate for a judge to instruct the police, prosecutor, or victim witness advocate to attempt to contact the named victim. In the alternative, the judge can request a probation officer or a staff member of the clerk’s office to make such contact. In either case, such request should be made on the record. When a defendant posts bail with the clerk during court hours, the clerk should instruct the police, prosecutor, or a victim witness advocate to attempt to contact the named victim to inform the named victim of such release prior to or at the time of said release. G.L. c. 209A, § 6; G.L. c. 276, § 57. Individual courts should develop a procedure, appropriate to the size and resources of the court, to ensure this requirement is met.
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| Last updated: | October 20, 2025 |
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