Guideline 2:07
A plaintiff who has been improperly referred to one court by another court within the same or a different department should not be sent back to the referring court, even if the referring court had the authority to provide the requested relief. Such actions should proceed in the referred-to court as though the plaintiff had gone there originally. In cases where a plaintiff seeking a c. 258E order is referred to a court other than a Juvenile Court and the defendant is a minor, see Commentary to Guideline 1:05 Minors as Plaintiffs in c. 258E Actions.
Commentary
If the court in which a person initially seeks protection under c. 258E has jurisdiction to hear c. 258E complaints, the person should be heard as soon as possible in that court and should not be sent to another court. Referring a plaintiff to another court may discourage the person from seeking the relief to which they are entitled under the law and may expose the person to additional danger. This is particularly so where the other court is at some distance and may be inaccessible to the plaintiff.
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| Last updated: | October 20, 2025 |
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