Guideline 2:10
When the complaint is filed, the probation department must check the defendant’s criminal record and the clerk’s office must check the Warrant Management System (WMS) to see if there exists an outstanding warrant for either the plaintiff or the defendant. If so, that information must be provided to the judge at the time of the c. 258E hearing. These checks must be made each time the case is before the court. The clerk’s office should also provide the court with all active or recent related harassment prevention orders entered in that court involving the parties. If the court becomes aware of information about active or recent criminal cases involving crimes of abuse or harassment against either the plaintiff or the defendant, the clerk’s office should provide those case files as well.
Commentary
It is critical that the judge in the session have warrant information from both the criminal record check and the clerk’s office computer via the Warrant Management System (WMS) every time the case is before the court. Additionally, this warrant check must be made before each harassment prevention order hearing so that the court can comply with G.L. c. 258E, § 9. “In all instances in which an outstanding warrant exists, the court shall make a finding, based upon all of the circumstances, as to whether an imminent threat of bodily injury exists to the petitioner. In all instances in which such an imminent threat of bodily injury is found to exist, the judge shall notify the appropriate law enforcement officials of such finding….” G.L. c. 258E, § 9.
If the court discovers any outstanding warrants, the judge should determine the appropriate action to take in view of all of the circumstances, including the seriousness of the case and the reason the party is before the court.
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| Last updated: | October 20, 2025 |
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