Guideline 2:11
Court personnel should inform the plaintiff, as required by G.L. c. 258E, § 4, that c. 258E proceedings are civil in nature but that certain violations of the orders issued under c. 258E are criminal in nature. Violations of orders to (1) refrain from abuse or harassment, (2) have no contact with and/or stay away from the plaintiff or a particular location, or (3) surrender firearms and any firearm licenses are criminal violations. See Commonwealth v. Finase, 435 Mass. 310, 313- 314 (2001). See Guideline 8:00 Criminal Prosecution of Violations of Harassment Prevention Orders; Venue.
In all cases, particularly those involving allegations of serious injury, court personnel should provide information developed by the district attorney’s office, pursuant to G.L. c. 258E, § 4, if available, regarding the options available for criminal prosecution. A plaintiff who wishes to pursue criminal charges should be referred to the district attorney’s office, the police, or advocates within the court to discuss that decision. Alternatively, a plaintiff may immediately file an application for a criminal complaint in the clerk’s office in a District Court or Boston Municipal Court, or for a delinquency complaint in the Juvenile Court. Providing information regarding procedures for a criminal complaint should be in addition to, and not in lieu of, receiving and processing the c. 258E complaint.
Commentary
Many plaintiffs may not understand the difference between the civil relief provided by c. 258E and criminal penalties. The law requires that the plaintiff be advised that the harassment prevention order is civil in nature, but that certain violations of the order constitute a criminal offense. The law requires that the information be given in the plaintiff’s native language “whenever possible.” G.L. c. 258E, § 4.
In certain cases, the degree of harm, or threat of harm, is so great that protection under c. 258E alone may not be sufficient. Particularly in those cases, court personnel should inform the plaintiff about the availability of criminal prosecution and provide, if available, information developed by the appropriate district attorney’s office, pursuant to G.L. c. 258E, § 4, regarding the options available for criminal prosecution.
Referral to the police, an advocate, or to the district attorney’s office may be appropriate because it permits the prosecutor to assess, and to discuss with the plaintiff, the strength of a prospective criminal action, the level of participation required of the plaintiff in such an action, and possible outcomes.
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| Last updated: | October 20, 2025 |
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