Guideline 8:02B
The purpose of civil contempt is to coerce compliance with a court order, not to punish the defendant for violating an order. Such proceedings should involve a civil complaint filed by the plaintiff, specifying the alleged violation, notice to the defendant and a hearing on the complaint. The plaintiff can pursue civil contempt remedies in the court that issued the harassment prevention order in addition to, or in lieu of, criminal proceedings.
Commentary
Civil contempt proceedings are expressly authorized by G.L. c. 258E, § 9. Since, by definition, civil contempt proceedings must be brought to coerce compliance with a court order for the benefit of the other party rather than to punish, they are appropriately used when the defendant has failed or refused to do something the defendant has been ordered to do, rather than where the defendant has done something that has been forbidden. The most appropriate use of civil contempt (at least where the defendant is not before the court) is for non-payment of compensation. Violations involving danger to the plaintiff will usually involve criminal charges or criminal contempt and prompt arrest with or without a warrant. A judgment of civil contempt, however, presents no double jeopardy bar to a later prosecution for criminal contempt. See Vizcaino v. Commonwealth, 462 Mass. 266, 268 n.1 (2012).
If it is determined that the defendant knew of and understood the order, and has the present ability to take the required action but fails or refuses to do so, they may be incarcerated until the act is accomplished. “[A] civil contempt finding [must] be supported by clear and convincing evidence of disobedience of a clear and unequivocal command.” In re Birchall, 454 Mass. 837, 838-839 (2009).
A written complaint should be required from the victim, but may be informal. Reasonable notice and the opportunity to be heard must be provided to the defendant. There is no right to a jury trial in such proceedings. Presumably, appeal on issues of law would be available.
If the defendant in a civil contempt proceeding is not before the court when charged, the defendant should be served with a complaint in hand, together with an order to show cause and notice of the date of the hearing. If the defendant fails to appear for the hearing, a capias should issue for the arrest of the defendant. The hearing would then proceed when the defendant is before the court. Service of process in civil contempt cases will require the plaintiff to pay the constable or deputy sheriff. If the plaintiff is indigent, the court can order the Commonwealth to pay for service of process pursuant to the provisions of G.L. c. 261, §§ 27A et. seq. See Adjartey v. Central Div. of the Housing Court Dep’t, 481 Mass. 830 (2019).
Violation of a c. 209A order beyond the borders of Massachusetts can be subject to civil contempt by a Massachusetts court. See L.F. v. L.J., 71 Mass. App. Ct. 813, 820 (2008).
General Laws c. 258E, § 7 provides that “[a]ny protection order issued by another jurisdiction, as defined in section one, shall be given full faith and credit throughout the Commonwealth and enforced as if it were issued in the commonwealth for as long as the order is in effect in the issuing jurisdiction.” See Guideline 10:00 Filing and Enforcement of Protective Orders Issued by Other Jurisdictions. This may include enforcement through civil contempt proceedings.
For an extensive analysis of contempt procedure, see A Guide to Contempt Procedures in the District Court (2021), available on Courtyard, the Trial Court’s Intranet.
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| Last updated: | October 20, 2025 |
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