Guideline 1:09
When a plaintiff seeking a harassment prevention order under c. 258E appears in a court where no judge is presently sitting, the clerk’s office should assist the plaintiff in obtaining a hearing by video conference with a judge from the same department sitting in another location. The plaintiff should not be sent to a different court or instructed to wait until the Judicial Response System goes into operation at 4:30 P.M.
An ex parte order issued by video conference during court business hours, like one issued in person, can be for a duration of up to ten court business days or a shorter time as appropriate. The hearing after notice should be scheduled for hearing on a date on which a judge will be sitting in that court.
Commentary
When the plaintiff appears at a court and there is no judge available, the clerk’s office should process the complaint for the harassment prevention order and coordinate with a court where a judge is sitting and can appear by video. The clerk’s office in the court where the plaintiff appeared (Court A) must prepare all of the necessary paperwork, including: a blank order with its docket number; the complaint and affidavit prepared by the plaintiff; the criminal records of the parties, if any; any record in the Statewide Registry of Civil Restraining Orders; and the results of a check of the Warrant Management System (WMS). These documents must then be scanned to the MassCourts case file, so that the judge in the other court (Court B) can review them prior to the hearing.
The hearing should be held in Court A, with a clerk and the plaintiff appearing in a courtroom on the record, while the judge in Court B will appear by videoconference. The judge shall preside over the hearing in Court A as if physically present, capturing the hearing on the record on the court’s recording system in Court A, and the matter should be docketed in Court A. The order, if issued, should be signed by the judge either by electronic signature, by delegation to the clerk in Court A, or by transmitting a hard copy with a wet signature. Instructions on using electronic signatures may be found on Courtyard.
It is the responsibility of the clerk’s office in Court A to transmit the order to the appropriate police department for service on the defendant and to the probation department in Court A for the immediate input of the order into the Statewide Registry of Civil Restraining Orders.
Using a judge from another court division or county by videoconference may also be done when a judge who is sitting alone in a court must recuse themself.
This situation is distinguishable from emergency orders issued on Judicial Response when the court is not in session. Those orders should expire at the end of the next court day. See Commentary to Guideline 9:00 Procedure for Response to Complaints When Court is Not in Session: Judicial Response System.
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| Last updated: | October 20, 2025 |
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