Guideline 2:01
The primary role of court personnel when a plaintiff seeks relief under c. 258E is to facilitate the filing of the complaint. The plaintiff should be questioned briefly about the nature of the case and then assisted in completing the complaint form, affidavit, and other documents. Court personnel should proceed with patience, respect, professionalism, and objectivity, but should not offer legal advice. In appropriate circumstances, court personnel should refer the plaintiff to a victim witness advocate who may be permitted to offer additional assistance and provide information to plaintiffs.
Only the judge should rule on the facts presented in support of a request for a c. 258E order.
Court personnel should not attempt to “screen out” complaints or investigate the accuracy of allegations. Nor should they challenge a plaintiff's motives or intent or attempt to refer the plaintiff to service providers in lieu of filing the complaint.
Commentary
The role of the clerk’s office in processing c. 258E cases is to provide assistance. No attempt should be made to “screen out” such cases. See Guideline 2:05 Processing the Complaint. Staff members should also be prepared to assist those seeking to file a certified copy of a protection order issued by another jurisdiction, as well as the requisite affidavit attesting to the validity and effectiveness of the other jurisdiction’s order. See Guideline 10:00 Filing and Enforcement of Protective Orders Issued by Other Jurisdictions. Courts should encourage the involvement of victim assistance personnel or advocates in assisting the plaintiff with the complaint form. See Guideline 2:08 Role of Advocates.
The plaintiff, upon filing a complaint for a protection order, is to be given the resource brochure entitled “G.L. c. 258E Harassment Prevention Orders Based on Sexual Violence or Stalking,” which includes statewide and regional listings for domestic violence programs, sexual assault programs, child witness to violence programs, 24-hour Hotlines, and local district attorney’s offices. This brochure is available on the Trial Court’s public website on Mass.gov and can be downloaded and printed as needed. Clerks’ office staff may also provide the plaintiff with the “Notice to Plaintiff Regarding c. 258E Harassment Prevention Order,” and likewise may provide the defendant with the “Notice to Defendant Regarding c. 258E Harassment Prevention Order,” which contains information regarding the terms and procedures of c. 258E Orders.
Finally, pursuant to G.L. c. 258E, § 4, court personnel should provide information prepared by the appropriate district attorney’s office regarding the options available for criminal prosecution, if available.
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| Last updated: | October 20, 2025 |
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