Guidelines for Judicial Practice: Harassment Prevention Proceedings: Foreword

Foreword to the Guidelines for Judicial Practice: Harassment Prevention Proceedings

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 harassment prevention proceedings under G.L. c. 258E. The Guidelines are intended to promote the safety of those seeking harassment prevention orders and ensuring the due process rights of those against whom these orders are sought.

Courts have often applied the Guidelines for Judicial Practice: Abuse Prevention Proceedings (209A Guidelines) to harassment prevention proceedings. It became evident that because of the distinct statutory provisions, case law, and practical considerations related to G.L. c. 258E, it was necessary to develop guidelines specifically tailored to these proceedings. The Guidelines were drafted by the District Court Committee on Domestic Violence and Sexual Assault¹, with contributions from the Trial Court Domestic and Sexual Violence Task Force².

While the structure and substance of these Guidelines share many similarities with the 209A Guidelines, they are intended to address the unique aspects of c. 258E cases.

Key provisions addressed are:

• Definitions of harassment as either a single act of sexual violation, stalking or criminal harassment, or three of more acts of “civil harassment”.
• Standard and burden of proof for G.L. c. 258E, including extensive commentary with statutory and case law support.
• Forms of relief available under G.L. c. 258E and Commentary highlighting how this relief differs from that available pursuant to G.L. c. 209A.
• Statutory authority to issue orders to surrender firearms, ammunition, and firearms licenses, in response to October 2024 legislation and United States v. Rahimi, 144 S. Ct. 1889, 1901 (2024).
• Jurisdiction over minor plaintiffs and defendants, and protocols applicable when a plaintiff seeks an order in a court without jurisdiction or when a defendant will be reaching the age of majority soon after an order is issued.
• Guideline and Commentary to address anti-SLAPP considerations.
• Frequent intersection between G.L. c. 258E orders and landlord-tenant disputes.
• Mutual Harassment Prevention Orders, which G.L. c. 258E does not address.

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. 258E.

Hon. Heidi E. Brieger 
Chief Justice of the Trial Court

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