Guideline 2:08
The court should support the participation of advocates at each stage of the c. 258E process, regardless of whether such persons are volunteers from a local advocacy group; law students; employees of the district attorney or of some other state, community, or legal service agency. Where possible, such support should include providing an area of the courthouse where advocates can meet with plaintiffs; allowing sufficient time in the complaint-filing process for an advocate to speak to the party individually or, if there are multiple parties, in a group setting; assisting the party in filing the complaint; and permitting the advocate to accompany the party, when so requested, to the courtroom. See Guideline 3:09 Role of Advocates at Ex Parte Hearings and Guideline 5:02 Role of Advocates at Hearings After Notice. Advocates should coordinate their efforts with the appropriate staff in each court. In the absence of an advocate, the court may allow a friend or family member to provide assistance to the plaintiff in filing the complaint and accompanying them to the courtroom.
Commentary
Advocates can help direct a person seeking relief under c. 258E through court procedures. In so doing, advocates should consult with court personnel to promote efficiency and effectiveness in the processing of these matters. A victim of sexual assault, for example, may experience feelings of shock, fear, depression, shame, and helplessness. Trained advocates can remind the plaintiff to provide the court with all the information necessary for the judge to make an informed decision, explain to a plaintiff the various questions that the judge may ask, and encourage the plaintiff to consider and decide on what relief to request.
An advocate may also be aware of potential problems which can be solved before the hearing (e.g., identifying the address, or other identifying information, of a defendant who does not live with the plaintiff), or can identify other problems of which the judge should be aware. Moreover, an advocate may be in a position to assist a plaintiff in developing a plan of action to help to keep the plaintiff safe after the order is issued and in making referrals for other appropriate kinds of assistance. An advocate should never be asked to serve an order on a defendant.
Other individuals, such as family members or friends, may also provide support, and such individuals should be encouraged to attend at each stage of the proceedings.
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| Last updated: | October 20, 2025 |
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