Guideline 2:09
As soon as the complaint is filed, the court’s probation department must check all available criminal history information, from both State and Federal sources, including the Statewide Registry of Civil Restraining Orders, which includes information about prior and pending abuse and harassment prevention orders, and provide the judge with information on any criminal record pertaining to the defendant and the plaintiff, and any previous or current abuse or harassment prevention orders. Additionally, where the plaintiff is unable to provide complete identifying information for the defendant, the probation department may also assist the court in providing such information it may have.
If the court issues a harassment prevention order, the probation department must, on the same day, record that order in the Statewide Registry of Civil Restraining Orders. Similarly, once a person files a certified copy of a protection order issued by another jurisdiction, along with an affidavit, the probation department must also record that order in the Statewide Registry of Civil Restraining Orders on the same day. See Guideline 10:00 Filing and Enforcement of Protective Orders Issued by Other Jurisdictions.
Commentary
General Laws c. 258E, § 9 states that the judge “shall order a review of the records” contained within the Court Activity Record Information system (CARI) and the Statewide Registry of Civil Restraining Orders and shall review the resulting data. The Statewide Registry of Civil Restraining Orders contains records of active, expired, and terminated c. 209A and c. 258E orders. The probation department is required to make this search. It must be completed as soon as possible after the complaint is received, so that the judge will have the results when the case proceeds in court. This search should be repeated before each subsequent hearing so that the judge has access to the most up-to-date information.
The purpose of the search is to provide the court with information that can be essential to protecting the plaintiff, either in terms of immediate court action (where the defendant is on default or probation status, see Guideline 3:04 Court Action on the Defendant’s Default, Probation, Parole or Warrant Status at Ex Parte Hearings; Heightened Safety Concerns and Guideline 5:07 Court Action on Parties’ Warrant Status), or in terms of appropriately adjudicating or fashioning harassment prevention orders. If the court’s decision whether to issue or deny an order relies on information contained in the criminal history or the Statewide Registry of Civil Restraining Orders, the judge should note on the record the specific information that was considered, as an appellate court does not have independent access to prior records.
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| Last updated: | October 20, 2025 |
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