Guideline 5:00
A hearing after notice in a c. 258E case should be scheduled as soon as possible after an ex parte order is issued, but in no event later than ten court business days after the issuance of such an order. See Guideline 4:01 Duration of Ex Parte Orders.
However, hearings after notice may be held at any time within ten business days when both parties are present, including at the initial appearance or during the course of an arraignment on related criminal charges. See Guideline 8:09 Procedures Where Defendant is Being Arraigned and Plaintiff is Requesting a Harassment Prevention Order.
When scheduling the hearing after notice, the court should consider the plaintiff's ability to appear and the defendant’s right to be heard within a minimum time following the issuance of an ex parte order.
Commentary
Scheduling of the c. 258E hearing after notice should be expedited to the extent possible. If an ex parte order is issued, the hearing after notice must be held within “ten court business days” after the date of issuance. “Ten court business days” should be interpreted to mean ten days during which the court is open. The day the order is issued does not count toward the ten day period, but the return date does. Saturdays, Sundays and holidays are excluded. Courts should attempt to schedule hearings after notice sooner than the ten-day maximum if effective service of notice on the defendant and return of service can be made.
Nothing in the law requires two hearings, or a “cooling off period” between the ex parte and the hearing after notice. If both parties are present in court at the time of the plaintiff’s initial contact with the court, or if the defendant’s presence can be promptly obtained, there is no justification for proceeding ex parte. Similarly, if the judge is satisfied that an emergency order issued through the Judicial Response System was served on the defendant and that the notice informed the defendant of the date, time and place of the hearing, the court may hold the hearing after notice on that date; there is no need to issue a further ex parte order. See Guideline 9:00 Procedure for Response to Complaints When Court is Not in Session: Judicial Response System. Conducting the two-party hearing, without a prior ex parte order or order issued through the Judicial Response System, is particularly appropriate when the plaintiff is present and the defendant is before the court for arraignment following arrest. See Guideline 8:09 Procedures Where Defendant is Being Arraigned and Plaintiff is Requesting a Harassment Prevention Order.
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| Last updated: | October 20, 2025 |
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