Guideline 8:10
When a defendant charged with a violation of a c. 258E order or any crime involving harassment, such as criminal harassment, stalking or one of the sexual assault crimes enumerated in c. 258E fails to appear or violates a condition of release, the court should promptly order a warrant to issue. When a warrant is issued, the clerk should promptly enter the warrant in the Warrant Management System for immediate execution by the police.
Commentary
If a defendant fails to appear or otherwise violates the terms of pretrial release on a charge of violation of a harassment prevention order or any other crime involving harassment, such as criminal harassment, stalking or one of the sexual assault crimes enumerated in c. 258E, the court should respond promptly. Although issuing a warrant is the preferred response, depending on the nature of the violation and the safety issues involved, the court may exercise its discretion in determining whether to issue an arrest warrant. See G.L. c. 258E, § 8 (preferred response is arrest).
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| Last updated: | October 20, 2025 |
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