258E Guideline 6:02: Information for the Plaintiff

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

Guideline 6:02

If an order after notice issues, the plaintiff should be told:

1. the order is effective immediately;
2. the contents of the order;
3. that the police will serve the order on the defendant as soon as possible;
4. the date and time of the next hearing;
5. the expiration date and time of the order;
6. what will happen if either or both parties fail or choose not to appear at the extension hearing; and,
7. that the plaintiff should keep a copy of the order on their person and, in the event the defendant violates the order, the plaintiff should contact the police immediately.

The Regional Administrative Justices of the Superior Court and the First Justices of the divisions of the District Court, Boston Municipal Court, and Juvenile Court departments should coordinate with their staff to ensure that either court personnel or an advocate effectively communicates this information to the plaintiff. In appropriate places, the plaintiff should also be given the “Notice to Plaintiff Regarding Harassment Prevention Order” which provides additional information in writing to help the plaintiff understand the terms of the order. Where sexual violence and stalking are alleged, the plaintiff also is to be given the resource brochure entitled “G.L. c. 258E Harassment Prevention Orders Based on Sexual Violence or Stalking,” which includes statewide and regional listings for domestic violence programs, sexual assault programs, child witness to violence programs, 24-hour Hotlines, and the local district attorney’s offices. These resources are also available on the Trial Court’s public website on Mass.gov.

Commentary

For an order to be fully effective, its contents and meaning should be explained fully and completely to the plaintiff. The plaintiff should be told to contact the police immediately if the defendant violates the order.

If the plaintiff has requested that their residence and/or workplace address be confidential and not included on the order, the plaintiff should be advised that although the order and complaint are transmitted to the police, the addresses of the plaintiff’s residence or workplace are not. The address is not entered into Department of Criminal Justice Information System (DCJIS), and the information is not accessible to law enforcement except during the business hours of the court. The plaintiff should be advised that they should consider notifying the police department of their address if concerned that the defendant may come to the address.

The plaintiff should be told that the order remains in effect until its termination date and time unless a judge changes or terminates the order before then. The plaintiff should also be told that violations of the order may subject the defendant to immediate, warrantless arrest and possible criminal prosecution. See G.L. c. 258E, §§ 4B and 9; Guideline 8:03 Plaintiff’s Acquiescence or Consent to the Violation Does Not Bar Criminal Prosecution.

Last updated:	October 20, 2025