(BPI #030)

Practice Areas:  

• Preparation of the petition and filing procedures

• Procedures for emergency hearings and order

• Procedures for hearings on the final orders

Date of Implementation: 1996

Overview: The Guidelines for Judicial Practice:  Abuse Prevention Proceedings assist judges and court personnel in addressing the many complex and sensitive issues that arise in the course of abuse prevention proceedings. The goal of the Guidelines is twofold: 1) to promote the safety of those who seek abuse prevention orders and 2) to ensure the due process rights of those against whom the orders are sought. The Guidelines address areas such as the filing of the complaint, ex parte hearings and orders, hearings and orders issued after notice to the defendant, enforcement of orders, and orders issued by other jurisdictions. The Guidelines are intended to promote uniformity among the four court departments with jurisdiction over abuse prevention cases.

Key Elements:

• Development of Guidelines.  Essential to the development of the Guidelines are up to date statutory and case law, a mechanism for learning about particularly effective practices and procedures employed by the courts, and input from individuals both inside and outside the Trial Court system (e.g., judges and other court personnel involved in abuse prevention proceedings, the Office of the Commissioner of Probation, lawyers, advocacy groups, and former parties to abuse prevention proceedings).

• General distribution of the Guidelines.  The Guidelines are distributed to every judge as well as Clerk Magistrates and Registers of Probate, District Attorney’s Offices, Trial Court Law Libraries, legal services, and battered women’s programs.

Evaluation: Evaluation data not available at this time.

Other Support:  The Guidelines have been in use for several years and are updated as necessary to reflect changes in statutory law, case law, and best court practices.  The third edition of the Guidelines was issued in December 2000.  The Trial Court-wide Guidelines were first issued in 1996 and were based on the District Court Standards for Abuse Prevention Proceedings, promulgated by the District Court Department in 1986.

Contact & Related Links: 

Ann A. Meagher
Administrative Attorney
Administrative Office of the Trial Court
2 Center Plaza, Room 540
Boston, MA   02108
(617) 878-0220
meagher_a@jud.state.ma.us

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