Guideline 10:00
Protective orders issued by other jurisdictions outside of Massachusetts for the purpose of preventing violent or threatening acts, abuse or harassment against another person, or contact or communication with or physical proximity to another person, including ex parte and orders after notice issued by civil and criminal courts filed by or on behalf of a person seeking protection, shall be given full faith and credit throughout the Commonwealth and enforced as if they were issued in the Commonwealth for as long as they are in effect in the issuing jurisdiction.
A person entitled to protection under a protection order issued by another jurisdiction may, but need not, file such order in the District Court, Boston Municipal Court, Superior Court, or Juvenile Court by filing with the court a certified copy of such order which shall be entered into the Statewide Registry of Civil Restraining Orders. Such person shall swear under oath in an affidavit that to the best of such person’s knowledge such order is currently in effect as written. The Affidavit for Filing Out-Of-State Protective Order may be used for this purpose. The clerk shall provide a certified copy of the protection order issued by the other jurisdiction to a law enforcement agency upon request.
Violations of orders from other jurisdictions shall be afforded the same treatment as violations of Massachusetts harassment prevention orders with respect to penalties and orders to pay damages.
Commentary
General Laws c. 258E, § 7 provides that protection orders issued by another jurisdiction shall be given full faith and credit throughout the Commonwealth. Like G.L. c. 209A, § 1, G.L. c. 258E, § 1 describes another jurisdiction as another state, territory or possession of the United States, the Commonwealth of Puerto Rico, the District of Columbia or a tribal court. The statute apparently is intended to work in conjunction with the full faith and credit provisions of 18 U.S.C. § 2265.
The statute is worded to encompass orders restricting a broad variety of activities, including protection orders, the purpose of which is to prevent violent or threatening acts, harassment, contact or communication with or physical proximity to another person. Such orders may be temporary or final and may have been issued by “civil and criminal courts.” G.L. c. 258E, § 1. Court personnel should accept for filing any orders which fall into these categories in a manner reflecting the broad scope of the statute.
Law enforcement authorities are required to enforce foreign protection orders as they do Massachusetts orders, including by warrantless arrest. G.L. c. 258E, §§ 7 and 9. Specifically, police “may presume the validity of, and enforce . . . a copy of a protection order issued by another jurisdiction which has been provided to the law enforcement officer by any source; provided, however, that the officer is also provided with a statement by the person protected by the order that such order remains in effect. Law officers may rely on such statement by the person protected by such order.” G.L. c. 258E, § 7. These provisions provide that the filing of an order from another jurisdiction is not a prerequisite to enforcement in the Commonwealth.
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| Last updated: | October 20, 2025 |
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