Guidelines for Judicial Practice: Abuse Prevention Proceedings

Date:
Author:
Administrative Office of the Trial Court (Mass.)

From the forward:

"The Administrative Office of the Trial Court issues these Guidelines to assist judges and court personnel in addressing the many complex and sensitive issues that arise in the course of abuse prevention proceedings under G.L. c.209A.  The Guidelines are intended to promote the safety of those who seek abuse prevention orders and enusre the due process rights of those against whom these orders are sought."

"These Guidelines reflect a number of substantive and procedural changes. Some changes are based on appellate case law concerning what constitutes notice and when findings are necessary, as well as the relationship of no-contact and stay-away orders, standards for extension of orders, expungement of records, mutual orders, and the ability to issue orders of prevention and protection even without personal jurisdiction. Other revisions are based on statutory changes, which include amendments to the bail statute and the requirement of an order to complete a certified batterer intervention program when abuse prevention orders have been violated."

"The revised c. 209A forms referenced in the Guidelines will be issued by November 1st to be effective on December 1, 2011. The prior use of appendices also has changed."

Click the "Go to Website"  link below to download the Guide from the Court's website.