Guideline 3:02
Proceedings under c. 258E shall be filed, heard, and determined in the court having venue over the plaintiff’s residence. See G.L. c. 258E, § 2. Venue is largely a matter of convenience to the parties and does not affect a court’s authority to issue temporary orders to protect a plaintiff from harassment. As such, if a plaintiff establishes a substantial likelihood of immediate danger of harassment, the court should issue an ex parte order pursuant to G.L. c. 258E, § 2, even if there is a question as to whether venue is proper.
Commentary
A defect in venue does not irrevocably strip a court of all authority to hear a case. M.B. v. J.B., 86 Mass. App. Ct. 108, 115 (2014).
Venue is waivable, and, if not timely raised, is waived. Id. Venue ordinarily should not be addressed when considering an ex parte order. See Guideline 1:08 Plaintiff in Court Without Venue.
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| Last updated: | October 20, 2025 |
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