Guideline 1:05
Where the plaintiff is a minor, the District Court, Boston Municipal Court, and Superior Court have jurisdiction. However, if the defendant is a minor, then the Juvenile Court has exclusive jurisdiction over that matter. See Guideline 1:05A Minors as Defendants in c. 258E Actions.
Generally, if a minor (person under the age of eighteen) seeks a harassment prevention order, a parent or guardian should file the petition on behalf of the minor. In such circumstances, the minor need not appear in court. Whether to require the minor to appear is within the discretion of the court.
If a minor plaintiff appears in court seeking a harassment prevention order and is not accompanied by a parent or guardian, the judge should attempt to secure the presence of a parent or guardian before proceeding with the hearing. If that is not practical, the judge may consider obtaining authorization by telephone or videoconference for the minor to proceed without a parent or guardian present. However, particularly in the case of a mature minor (sixteen or seventeen), the court should not refuse to issue a harassment prevention order simply because no adult is present.
During the hearing, if the court finds that there is reasonable cause to believe that a child has suffered abuse or neglect, as defined by G.L. c. 119, § 51A, the court should direct that a report be filed by court personnel with the Department of Children and Families (DCF).
Although by statute all court records of cases involving minor plaintiffs must be withheld from public inspection except by order of the court, see G.L. c. 258E, § 10, the courtroom should not be closed during c. 258E proceedings involving minors unless the strict requirements for closing the courtroom have been met. See Commentary to Guideline 3:03 Public Nature of Ex Parte Hearings.
Commentary
The court should be conscious of the sensitive nature of a request for a harassment prevention order on behalf of a minor. Proceedings under c. 258E are not closed to the public, including proceedings involving minors. Although proceedings held under G.L. c. 119 in the Juvenile Court are closed to the public, there is no similar provision that permits closing the courtroom during proceedings under c. 258E involving minors. Because the proceedings presumptively are open to the public, care should be taken to minimize, to the extent possible, disclosure of unnecessary identifying information about the minors involved in such proceedings. See G.L. c. 258E, § 10 (the “records of cases arising out of an action [under c. 258E] in which the plaintiff or defendant is a minor shall be withheld from public inspection except by order of the court”).
A petition under c. 258E on behalf of a minor should generally be made by a parent or guardian and is not dependent on whether the minor wants the order; if the parent or guardian establishes the basis for the issuance of an order, the court should issue the order. Cf. Sharon v. City of Newton, 437 Mass. 99, 108 (2002) (the law presumes that fit parents act in furtherance of the welfare and best interests of their children, and, with respect to matters relating to their care, custody, and upbringing, have a fundamental right to make those decisions for them). In some situations, the court should confirm that the adult filing on behalf of the minor has legal custody such that they have the authority to act on behalf of the minor. For example, where DCF has legal custody of the child, only DCF may file on behalf of the child. If the issue is ambiguous, but there is a basis to issue an ex parte order, the court should consider scheduling the hearing after notice sooner than ten days.
Authorization from a parent or guardian in writing, over the phone or by videoconference may, in appropriate circumstances, substitute for the presence of such a person. In some circumstances, however, the court can and should allow a minor to proceed without the presence of a parent or guardian. The court should not refuse to act solely because the court cannot contact a parent or guardian, particularly where the minor is mature (sixteen or seventeen) or where there is threat of bodily injury.
If a plaintiff appears seeking a c. 258E order in a court other than the Juvenile Court and the defendant is also a minor, the options for an ex parte hearing include the following. First, if the court is in a building that also houses the Juvenile Court, the plaintiff may be directed to bring a completed complaint and affidavit to the Juvenile Court Clerk’s Office within that building. Alternatively, the other court may contact a Juvenile Court judge to conduct the ex parte hearing by videoconference. Finally, a judge of the non-juvenile court department may be specially designated to hear the ex parte request as a Juvenile Court judge by seeking authorization through their Administrative Office. After the hearing, the judge should return the order for a hearing after notice to the appropriate Juvenile Court. If the defendant is not a minor, the plaintiff should not be turned away or directed to another court. Instead, the matter should be brought to a judge for determination.
Cases involving minors may require involvement of other governmental agencies and the court should not hesitate to direct court personnel to notify DCF or any other agency where such notifications are required or advisable. See G.L. c. 119, § 51A (a report should be filed if there is reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted on the child which causes harm or substantial risk of harm to the child’s health or welfare, including sexual abuse; (ii) neglect, including malnutrition; (iii) physical dependence upon an addictive drug at birth;… or (iv) being a sexually exploited child; or (v) being a human trafficking victim…).
The standard for issuance of an order under c. 258E is the same for minors as for adults. Any one act of sexual violence, including sexual contact with a plaintiff under the age of sixteen in violation of G.L. c. 265, § 23 or indecent assault and battery with a child under the age of fourteen in violation of G.L. c. 265, § 13B, may qualify for the issuance of a c. 258E order, as those are offenses enumerated within G.L. c. 258E, § 1. In contrast, to establish a basis for an order under c. 209A, the sexual contact must involve force, threat or duress, or must constitute coercive control. See Smith v. Jones, 67 Mass. App. Ct. 129, 136-137 (2006).
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| Last updated: | October 20, 2025 |
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