258E Guideline 4:07: Service of Ex Parte Orders on Non-Resident Defendant

Part of the Guidelines of Judicial Practice: Harassment Prevention Proceedings.

Guideline 4:07

When an order under c. 258E is issued against a non-resident defendant, the order and complaint is to be immediately transmitted to “the appropriate law enforcement agency,” as service on the defendant must still be made in hand. G.L. c. 258E, § 9. The Defendant Information Form should be transmitted as well.

The “appropriate law enforcement agency” is, in most cases, the police or sheriff’s department with jurisdiction over the defendant’s residence. The clerk should contact the local police or sheriff’s department directly or, if unsure which police or sheriff’s department to call, contact the state police of that state to assist in identifying the proper contact to effect service.

Whether served by police officer, sheriff or state marshal, the clerk should direct that the defendant be served with a copy of the order and a copy of the complaint, and that a return of service be made to the court.

Commentary

There should not be a requirement to pay for service, as grants provided by the Violence Against Women’s Act prohibit imposing fees for the issuance, service, and enforcement of protection orders. It has been the case that all states and territories receive this funding, and many states have their own laws prohibiting collection of fees for serving protection orders. Despite this, there have been occasions where the court is told payment is required. Often this is remedied by informing the other jurisdiction that our “harassment prevention” order is the same as their “protective” or “restraining” order and meets the same standard as those similar orders in their jurisdiction. If the court is unable to resolve this with the other jurisdiction, courts can accept invoices received and submit them to the Trial Court Domestic and Sexual Violence Coordinator in the Executive Office of the Trial Court to coordinate with finance to determine if payment is actually required. If the serving state refuses to serve without payment, contact the Trial Court Domestic and Sexual Violence Coordinator who may be able to assist in communications with the serving state.

Last updated:	October 20, 2025