258E Guideline 2:05: Processing the Complaint

Part of the Guidelines of Judicial Practice: Harassment Prevention Proceedings.

Guideline 2:05

Persons seeking to file complaints under c. 258E should not be denied the right to do so. To the extent that it is clear that the parties have a qualifying relationship under c. 209A in that they are or were “family or household members,” as defined in c. 209A, § 1, the clerk’s office can provide information regarding the availability of abuse prevention orders pursuant to c. 209A. Even in such cases, if the plaintiff continues to request a c. 258E order, the complaint should be completed and the matter brought before the court.

Commentary

Courts should not permit a “screening out” process in the processing of a complaint. 

In appropriate cases, a plaintiff should be informed that the “G.L. c. 258E Harassment Prevention Orders Based on Sexual Violence or Stalking” flyer is available on the Trial Court’s public website on Mass.gov.

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Last updated: October 20, 2025

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