Guideline 5:07
If, at the time of a hearing after notice, the court becomes aware, by means of the required check of the Statewide Registry of Civil Restraining Orders or the Warrant Management System (WMS) or otherwise, that a warrant for either party’s arrest is outstanding, and the party is present, the court should address the warrant before the end of the hearing. The court should release the person on personal recognizance, bail the person under G.L. c. 276, § 29-30, or hold the person without bail and order them transported to the court that issued the warrant under G.L. c. 37, § 24(a).
Commentary
Courts should not allow a party against whom a criminal default warrant is outstanding to leave the courthouse without addressing the warrant. The judge should determine the appropriate action to take in view of all of the circumstances, including the seriousness of the case and the reason the party is before the court. If the defendant is not present for the hearing after notice, the court must note the existence of the warrant on the harassment prevention order.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|