Guideline 6:03
An initial order issued after notice should be for one year, unless the plaintiff requests a lesser period. The plaintiff should be informed that the plaintiff must appear before the court on the date set for expiration of the order if the plaintiff wishes the order extended, and that, the plaintiff does not appear on the expiration date, the order will expire by its own terms.
Commentary
An initial order after notice “shall not extend for a period exceeding 1 year.” G.L. c. 258E, § 3. An order for a period longer than one year or a permanent order is only available after an initial order after notice has been issued. See Vittone v. Clairmont, 64 Mass. App. Ct. 479, 486 (2005) (referring to hearing after one year order as an extension hearing). See Guideline 6:07 Further Extending an Initial Order After Notice on Its Expiration Date.
The court should not, as a matter of policy, issue initial orders after notice for less than a one-year period. Also, there is usually no reason for the order to track the schedule of a related criminal case. “[T]he pendency of criminal proceedings is [not] an appropriate consideration in establishing the duration of a restraining order. The exclusive focus must be on the applicant’s need for protection.” Singh v. Capuano, 468 Mass. 328, 334 (2014). See also Moreno v. Naranjo, 465 Mass. 1001, 1003 (2013). If the defendant feels at some future point that an order should be terminated or its duration or terms limited, the defendant may move to modify or terminate the order. See Guideline 6:05 Modification of Orders; Terminating Orders; Expungement Standard. However, if the plaintiff requests a lesser period, the judge may do so.
As stated earlier in these Guidelines, see Guideline 1:05A Minors as Defendants in c. 258E Actions, the Juvenile Court has exclusive jurisdiction over proceedings under c. 258E “in which the defendant is under the age of 18.” G.L. c. 258E, § 2. If the juvenile defendant would turn eighteen after the expiration of a one-year order, the Juvenile Court judge should set the expiration date close in time to the defendant’s eighteenth birthday. In such a case, the judge should advise the plaintiff that, if the plaintiff seeks to continue protection after that date, they should apply for an order in the District Court, Boston Municipal Court, or Superior Court. The judge hearing that subsequent request for an order should treat it as a request for an extension, affording the defendant an opportunity to be heard, but without making the plaintiff re-establish the facts that supported the original order. The inquiry is whether the plaintiff has demonstrated by a preponderance of the evidence whether extension of the order is necessary to protect the plaintiff from harassment. See Guideline 6:07 Further Extending an Initial Order After Notice on Its Expiration Date.
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| Last updated: | October 20, 2025 |
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