Guideline 1:07
When a plaintiff is unable to appear in court because of severe hardship due to the plaintiff’s physical condition, G.L. c. 258E, § 6 allows a representative of the plaintiff to appear in court on the plaintiff’s behalf and file a complaint requesting a harassment prevention order. While the plaintiff is the moving party on the complaint, the plaintiff’s representative must file an affidavit describing the circumstances that prevent the plaintiff from personally appearing and the circumstances that warrant the issuance of a c. 258E order.
In such circumstances, any justice of the District Court, Boston Municipal Court, Superior Court, or Juvenile Court may grant an ex parte order, provided that the information provided by the plaintiff’s representative demonstrates a substantial likelihood of immediate danger of harassment.
The plaintiff’s presence is required, however, at the hearing after notice. Where the plaintiff’s physical condition is expected to prevent them from appearing at the courthouse, either permanently or within the ten court business days in which the hearing after notice will occur, the court, in its discretion, may conduct the hearing by videoconference or other means of securing the plaintiff’s virtual presence. In this circumstance, the court should conduct the hearing in the courtroom so that the hearing will be recorded.
Commentary
General Laws c. 258E, § 6 provides that when “the plaintiff is unable to appear in court because of severe hardship due to the plaintiff’s physical condition, the court may grant relief to the plaintiff as provided under section 5 if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment.” The court must be satisfied as to the identity of the plaintiff’s representative and the representative’s authority to act on behalf of the plaintiff. The court should consider the plaintiff’s physical condition in scheduling the hearing after notice within ten court business days.
This situation should be distinguished from situations where the representative is authorized to act on behalf of the plaintiff. If the representative holds a power of attorney that authorizes them to seek protection orders on behalf of the plaintiff, the plaintiff is not required to be present for the hearing. See Petriello v. Indresano, 87 Mass. App. Ct. 438, 443-44 (2015) (terms of power of attorney authorized person holding power of attorney to seek protection order on behalf of plaintiff). Similarly, where a parent or guardian files on behalf of a minor, the minor is not required to appear at the hearing. See Guideline 1:05 Minors as Plaintiffs in c. 258E Actions.
If a plaintiff appears by videoconference, it is essential that the court confirm the plaintiff’s identity. In many cases, the local police may be able to assist the court in making this determination.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|