209A Guideline 8:10: Warrants in Criminal Cases Involving Alleged Violation of an Abuse Prevention Order or Domestic Abuse

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

Guideline 8:10

When a defendant charged with a violation of an abuse prevention order, or any crime involving domestic abuse, fails to appear or violates a condition of release, the court should promptly order a warrant to issue. When a warrant is issued, the clerk should promptly enter the warrant in the Warrant Management System (WMS) for immediate execution by the police.

Commentary

If a defendant fails to appear or otherwise violates the terms of pre-trial release on a charge of violation of an abuse prevention order or any other crime involving domestic abuse, the court should respond promptly. While default or a violation of conditions of release is not an uncommon occurrence in criminal cases, in domestic abuse cases this can expose the named victim to further danger. Accordingly, warrants should be issued promptly, and their priority communicated to police so that there is no confusion that such warrants are to be executed as soon as possible.

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Last updated: October 20, 2025

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