Guideline 3:08
To the extent practicable, it may be helpful to review prior complaints by either of the parties, whether allowed or denied. However, while prior complaints by either party may be considered for context, each complaint must be evaluated on its own merits to determine whether evidence exists to support issuance of a harassment prevention order.
Commentary
Chapter 258E, § 3(g) requires the parties to disclose any prior or pending court actions involving the parties. The judge should be mindful of pending landlord-tenant proceedings. See C.E.R. v. P.C., 91 Mass. App. Ct. 124, 124–25 (2017) (“when a landlord seeks a c. 258E order against tenants, a judge should examine the allegations of harassment carefully, to ensure that c. 258E is not being used as a substitute for eviction through a summary process action under G. L. c. 239.”). See Guideline 4:04 Ex Parte Orders in the Landlord-Tenant Context.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|