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Current as of January 01, 2023 | Updated by FindLaw Staff
Protective orders may be entered as part of a paternity action pursuant to G.L. c. 209C, §§ 15 and 20.
COMMENTARYGeneral Laws c. 209C was enacted more recently than the protective provisions of G.L. c. 208 and G.L. c. 209, and it includes comprehensive language which most closely mirrors the protections of c. 209A. Because the appellate courts have held that all parties, regardless of their marital status, and their children should be accorded equal protection of the law, the comprehensive rights under this section shall be accorded to all parties seeking protection pursuant to a divorce or separate support action.See Doe v. Roe, 32 Mass. App. Ct. 63, 65 (1992), rev. denied, Doe v. Roe, 412 Mass. 1103 (1992).
Pursuant to G.L. c. 209C, § 11(a), a voluntary, written acknowledgment of parentage executed jointly by the mother and putative father of a child, whether a minor or not, and filed with the registrar of vital records and statistics or with the court shall be recognized as a sufficient basis for seeking an order of support, parenting time, or custody with respect to the child without further proceedings to establish paternity.G.L. c. 209C, § 11(a).
The court may enter either temporary orders or a final judgment which includes a vacate, no contact, or restraining provision. If the order is temporary, the statute provides that unless modified or revoked (pursuant to G.L. c. 209C, § 20) it shall continue in force and will be incorporated in the final judgment. Notwithstanding the statute, best practice would be that the court incorporate the order into the final judgment in order for the order to remain effective. If the court intends to revoke the order, it must be vacated, sent to the police, and entered in the Statewide Registry of Civil Restraining Orders. If the court intends to extend protection, after incorporating the temporary order in the final judgment, the order should be examined to determine the appropriateness of its duration. Any changes must be served on the defendant by the police and entered in the Statewide Registry of Civil Restraining Orders. Failure to properly serve the defendant may hamper criminal prosecution.See Commentary to Guideline 8:01 Enforcing Violations of Abuse Prevention Orders.
Cite this article: FindLaw.com - Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 12:13 - last updated January 01, 2023 | https://codes.findlaw.com/ma/guidelines-for-judicial-practice-abuse-prevention-proceedings/ma-r-abuse-prev-guideline-12-13/
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