Guideline 2:06
No person seeking relief under c. 258E should be denied the right to file a complaint. Court personnel should treat a plaintiff with respect and courtesy, regardless of how many times the plaintiff has appeared before the court seeking relief and regardless of the outcome of any previous proceedings.
Each complaint must be evaluated on its own merits to determine whether evidence exists to support issuance of a harassment prevention order. The fact that a plaintiff has unsuccessfully sought relief previously, or has previously obtained harassment prevention orders but not sought to extend them, may be considered for context, but is not relevant to the decision on the need for relief in response to the new complaint. See Guideline 3:08 Review of Prior Complaints.
Commentary
A plaintiff may initially seek relief, but then not appear at a subsequent hearing, request the order be terminated, or decide not to report violations of an order. Many complex dynamics contribute to this behavior. Instead of discouraging this behavior, judges and court staff should make sure that plaintiffs are aware that they are not precluded from returning to court to seek an order of protection and that relief is available through the Judicial Response System even if the court is closed.
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| Last updated: | October 20, 2025 |
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