Guideline 1:05A
Chapter 258E, § 2 confers exclusive jurisdiction to the Juvenile Court for all harassment prevention proceedings in which the defendant is under the age of eighteen. Unlike c. 209A, over which the Juvenile Court has no jurisdiction, c. 258E requires that harassment prevention order proceedings involving minor defendants “be filed, heard and determined” in the Juvenile Court.
A parent or guardian should accompany a minor defendant (under the age of eighteen) at a hearing involving a request for a harassment prevention order. If a minor defendant appears alone, the Juvenile Court judge should attempt to secure the presence of a parent or guardian before proceeding with the hearing. If that is not practical, the Juvenile Court judge may consider obtaining some form of authorization from a parent or guardian for the minor to proceed alone. If neither is practical, the court should continue with the proceeding. The court should not refuse to act solely because the court cannot contact a parent or guardian, especially where their presence is not required under the statute.
Under c. 258E, the Juvenile Court judge may order a minor defendant to refrain from harassing or contacting the plaintiff. Many times, in cases where the plaintiff and defendant are both minors, a stay-away order may affect the school attendance of a party. If the plaintiff and defendant attend the same school and much of the behavior is school-based, it is recommended that the court request the parties to obtain a safety plan from the school and incorporate it as part of any order issued by the court. This would allow for both parties to continue to attend school while also providing for the safety of the plaintiff.
All records of cases involving minor defendants must be withheld from public inspection, except by order of the court. See G.L. c. 258E, § 10. However, c. 258E proceedings, including those held in the Juvenile Court, are open to the public. When minors are involved in the proceedings, the court should minimize the disclosure of unnecessary identifying information.
Commentary
While the Juvenile Court has exclusive jurisdiction over c. 258E orders where the defendant is a minor, the Juvenile Court has no jurisdiction over c. 209A orders. See 209A Guidelines and Guideline 1:05 Minors as Plaintiffs in c. 209A Actions. Although all c. 258E proceedings involving minors as defendants should be conducted in the Juvenile Court, judges of other divisions of the Trial Court may address these matters on an emergency basis, when assigned on Judicial Response.
If a plaintiff appears seeking a c. 258E order and the defendant is 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.
The court should be conscious of the sensitive nature of a request for a harassment prevention order against a minor defendant. 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. However, care should be taken to minimize, to the extent possible, disclosure of unnecessary identifying information about the minors involved in such proceedings.
Judges should be aware that orders that might otherwise be appropriate for adults might not be appropriate for minors. For example, it may be appropriate to issue an order for a juvenile defendant to stay a particular distance away from a plaintiff in the same school, rather than order the juvenile to remain away from the school entirely.
Cases involving minor defendants will often require involvement of other governmental agencies and the court should not hesitate to direct court personnel to notify the Department of Children and Families or other agencies where such notifications are required or advisable. Depending on the situation, mental health or delinquency proceedings, or a petition for a child requiring assistance, may provide needed services to the minor defendant.
If the juvenile defendant will reach the age of eighteen before the expiration of a one-year order, the Juvenile Court judge should set the end date of the order around the juvenile’s eighteenth birthday. See Guideline 6:03 Duration of Initial Orders After Notice. In such a case, the judge should advise the plaintiff that, if the plaintiff seeks to continue protection after that date, they should apply for an order in the District Court, Boston Municipal Court, or Superior Court. The judge hearing that subsequent request for an order should treat it as a request for an extension, affording the defendant an opportunity to be heard, but without making the plaintiff re-establish the facts that supported the original order. The judge’s inquiry is whether the plaintiff has demonstrated by a preponderance of the evidence whether extension of the order is necessary to protect the plaintiff from harassment. See Guideline 6:07 Further Extending an Initial Order After Notice on Its Expiration Date.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|