Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 12:12

Protective orders may enter as part of an action for separate support pursuant to G.L. c. 209, § 32.

Orders prohibiting interference with the personal liberty of the other spouse may enter in a separate support action. A separate support judgment may issue when the court finds that a spouse failed without justifiable cause to provide suitable support, deserted the other spouse, or has justifiable cause for living apart. According to G.L. c. 209, § 32, the orders are governed by the Massachusetts Rules of Civil Procedure, notwithstanding Rule 1 of the Massachusetts Rules of Domestic Relations Procedure.

If the protective order pursuant to G.L. c. 209, § 32 is entered as a temporary order, it shall be terminated by operation of law upon entry of final judgment of separate support, and the Statewide Registry of Civil Restraining Orders should be updated to reflect this. The final order may be for a time certain or until further order of the court.

Ex parte relief should be granted only upon a finding of a substantial likelihood of harm. If ex parte relief is granted, a further hearing, after notice, should be held within ten days.Mitchell v. Mitchell, 62 Mass. App. Ct. 769 (2005). The service requirements are the same as those applicable to an order issued pursuant to c. 209A. If the order is subsequently modified, the defendant must be served again, and provided with the modified order. Failure to properly serve the defendant may hamper criminal prosecution in the event the order is violated.See Commentary to Guideline 8:01 Enforcing Violations of Abuse Prevention Orders.