Guideline 3:01
Ex parte hearings should be held as soon as practicable after the complaint has been completed, signed, and the appropriate record checks are completed. See Guideline 2:09 Check of Criminal History Information, Including the Statewide Registry of Civil Restraining Orders, and Other Probation Department Involvement and Guideline 2:10 Check of the Warrant Management System (WMS) and Court Files. Each court should hear c. 258E ex parte hearings expeditiously so as to minimize the time a plaintiff must wait.
Commentary
No plaintiff should be turned away, directed to go to the police station, asked to travel to another courthouse, or required to wait an unreasonable period of time to be heard. Such delay could discourage a plaintiff in need of protection from remaining at the court or from returning to obtain necessary relief. All complaints should be brought promptly before the court, and the clerk’s office should notify the judge when a plaintiff seeking a c. 258E protection order has entered the courtroom.
Because the Trial Courts are open to the public between the hours of 8:30 A.M. and 4:30 P.M., the court may not restrict business during those hours and must accept filings until 4:30 P.M., including c. 258E complaints, even if the business of hearing the complaint may extend past 4:30 P.M. Only judges on Judicial Response are available to hear requests made after 4:30 P.M. for these orders. See Guideline 9:00 Procedure for Response to Complaints When Court is Not in Session: Judicial Response System.
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| Last updated: | October 20, 2025 |
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