Foreword to the Guidelines of Judicial Practice: Abuse Prevention Proceedings

Foreword to the October 2025 revised edition of the guidelines.

Foreword

The Executive Office of the Trial Court issues these Guidelines to assist judges and court personnel in addressing the complex issues arising in the course of abuse prevention proceedings under G.L. c. 209A. The Guidelines are intended to promote the safety of those seeking abuse prevention orders and ensuring the due process rights of those against whom these orders are sought.

The District Court Committee on Domestic Violence and Sexual Assault¹, in consultation with the Trial Court Domestic and Sexual Violence Task Force², recommended revisions to the Guidelines to account for substantive and procedural changes, the most significant of which are the addition of “coercive control” to the definition of abuse, G.L. c. 209A, § 1, and global changes to replace “guns” with “firearms”, as redefined in St. 2024, c. 135.

Other significant revisions include:

• References to the newly created Guidelines for Judicial Practice: Harassment Prevention Proceedings.
• Discussion of orders regarding “credible threat to the physical safety” of a protected person in response to U.S. v. Rahimi, 602 U.S. 680 (2024).
• Commentary on the term “household member” was revised to align with S.J. v. T.S., 103 Mass. App. Ct. 166, 169 (2023).
• Updated language to comply with the Standards and Procedures of the Office of Language Access (effective August 4, 2025).
• Commentary on how to address a case where the facts do not establish a basis for relief under c. 209A, but do appear to meet the requirements under G.L. c. 258E.
• Alternative service must be authorized by a judge and the protocols applicable when in-hand service cannot be made.
• Additional guidance provided for orders issued on behalf of minors.

The Guidelines are intended to present governing case law, relevant court rules, orders, and policies, as well as widely accepted best practices, in a readily accessible format. Judges and court personnel are encouraged to use these Guidelines as a comprehensive resource when addressing matters under c. 209A.

1. The members of the District Court Committee on Domestic Violence and Sexual Assault are: Hon. Michele Armour (Co-Chair); Hon. Michael Brennan (Co-Chair), Hon. Marianne Hinkle (ret.); Assistant Clerk Jaclyn Burke; First Asst. Clerk Magistrate Barbara Burton; Hon. Jeanmarie Carroll; Hon. Ellen Caulo; Hon. Sabine Coyne; Hon. Charles Groce; Hon. Mary Heffernan; Hon. Courtney Linnehan; Hon. Suzanne McDonough; Hon. Susan McNeil; Hon. Kareem Morgan; Hon. Gloriann Moroney; Hon. Janine Simonian; Hon. Jennifer Stark; Bethany Stevens, Esq., Chief Legal Counsel the District Court; Shara Benedetti, Esq., Deputy Legal Counsel for the District Court; and Sarah Farley, Domestic and Sexual Violence Coordinator for the Trial Court.
2. The Trial Court’s Domestic and Sexual Violence Task Force is comprised of members from each court department with jurisdiction over c. 209A and/or c. 258E matters. The members of the Task Force are: Hon. Michele Armour (Co-Chair); Hon. Michael Brennan (Co-Chair), Hon. Marianne Hinkle (ret.); Hon. Erika Reis, Associate Justice of the Boston Municipal Court; Hon. Maureen Monks, (ret.); Hon. Jennifer Ulwick, Associate Justice of the Probate and Family Court; Hon. Kerry Ahern, Associate Justice of the Juvenile Court; Hon. David Deakin, Associate Justice of the Superior Court; Kerry Feeney, Esq., Associate Counsel for the Boston Municipal Court; Danielle Smokler, Assistant Deputy Court Administrator for the Probate and Family Court; Quinna Green, Performance Analyst for the Juvenile Court; Jolene Malegieri, Esq., Regional Coordinator for the Juvenile Court; Elaina Quinn, Esq., Deputy Court Administrator for the Superior Court; and Alexandra Capachietti, Esq., Director of Legal Policy for the Executive Office of the Trial Court.

Last updated:	October 20, 2025