Guideline 8:13
The named victim of a charge of violation of an abuse prevention order, or a crime involving domestic abuse, has the right to be heard regarding “the effects of the crime on the victim and as to a recommended sentence.” G.L. c. 258B, § 3(p). General Laws c. 279, § 4B provides that prior to the disposition in any case involving a guilty finding on a felony charge or a crime against a person or where physical injury to a person results, and where the victim is identified and the victim’s whereabouts are known, “the district attorney shall give the victim actual notice of the time and place of sentencing and of the victim’s right to make a statement to the court, orally or in writing at the victim’s option.”
If the named victim is not present at sentencing, the court should ask the prosecutor whether the victim has been consulted about the Commonwealth’s recommendation on sentencing, if any, and, if so, what comments the victim made. If the victim has not been consulted, sentencing may be postponed to give the victim an opportunity to be heard.
If the sentence involves immediate release of the defendant from custody, and the victim is not present, the judge must make a reasonable effort to see that the victim is notified about the release. G.L. c. 209A, § 6, last par. The judge may direct the police, prosecutor, or victim witness advocate to make the contact. If one of these parties does not agree to do so, the judge should assign the task to a probation officer or member of the clerk’s office.
Commentary
It is important that the court provide an opportunity for a victim to be heard upon the sentencing of a defendant for a violation of an abuse prevention order, or in any case involving domestic abuse.
The duty to attempt to notify the victim when a defendant is released from custody at sentencing is the same as when a defendant is released from custody at any other time. See Guideline 8:05 Bail Procedures: In Court. This requirement pursuant to G.L. c. 209A, § 6, last par., appears to apply only when the charge involves domestic abuse, however this practice should also be followed where the charge is violation of an abuse prevention order. 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.
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| Last updated: | October 20, 2025 |
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