Guideline 2:03
Staff members designated to assist plaintiffs seeking to file c. 258E complaints should explain, as necessary, the various sections of the Complaint for Protection from Harassment that the plaintiff must fill out.
Each plaintiff should complete an affidavit describing the facts that form the basis for the relief sought. While not required by statute, requiring the affidavit in each case is highly recommended. See Guideline 2:04 Plaintiff’s Affidavit.
The plaintiff should enter the appropriate information on the Plaintiff Confidential Information Form. A substitute residential and/or workplace address, such as a post office box, may be used where safety requires, such as when a plaintiff resides in a confidential domestic violence shelter or has obtained protection under G.L. c. 9A (Address Confidentiality Program). The information provided on this form is accessible only by the plaintiff, those authorized by the plaintiff, those authorized by statute, and by court order. See Guideline 1:04 Public Access to c. 258E Case Files; Confidentiality of Records and Address Information.
Each plaintiff should also complete the Defendant Information Form providing all of the available information about the defendant that is necessary for a check of the Statewide Registry of Civil Restraining Orders and for service of an order, should one be issued.
Commentary
Court personnel who assist plaintiffs in completing the forms should be thoroughly familiar with those forms and with the instructions for their use, which are printed on the back of the form. It is important that the Plaintiff Confidential Information Form be completed in each case to ensure that “confidential” information is not provided to unauthorized persons.
This Guideline recommends the use of the Defendant Information Form to obtain information important for completing the record check and for locating the defendant for service, should an order issue. Court personnel should obtain as much identifying information as possible, including the defendant’s date of birth, Social Security number, mother’s maiden name, father’s name, and alias. It is essential to have the defendant’s date of birth for effective use of the Statewide Registry of Civil Restraining Orders and the Warrant Management System. Information necessary for service of an order is equally important, including the locations where the defendant might be found, a description of the defendant’s physical appearance, whether the defendant has access to weapons, or, if necessary, the defendant’s email or cell phone number.
In some cases, the plaintiff may not be able to provide all of the information requested on the Defendant Information Form and plaintiffs should not be discouraged from filing a complaint because they may lack some of the information requested on the form. Even though the court might not have sufficient data to run a complete search of the Statewide Registry of Civil Restraining Orders or enter an order into the Registry, the case should proceed, as these steps are not prerequisites to issuing an order. Where critical information is missing, the plaintiff should be apprised that law enforcement efforts to protect them are considerably hampered if the defendant cannot be accurately identified or served with notice. Some plaintiffs may be able to obtain additional information from home or other sources. In such cases, the issuance of the order should not be delayed, but plaintiffs should be instructed to provide such information to the court or the police department as soon as reasonably possible if they can obtain the information in a safe manner.
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| Last updated: | October 20, 2025 |
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