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Current as of January 01, 2023 | Updated by FindLaw Staff
Abuse prevention and other protective orders issued by other jurisdictions outside of Massachusetts for the purpose of preventing violent or threatening acts against, or contact or communication with, or physical proximity to another person, including ex parte and orders after notice issued by civil and criminal courts filed by or on behalf of a person seeking protection, shall be given full faith and credit throughout the Commonwealth and enforced as if they were issued in the Commonwealth for as long as they are in effect in the issuing jurisdiction.
A person entitled to protection under a protection order issued by another jurisdiction may file such order in the District Court, the Boston Municipal Court, the Probate and Family Court, or the Superior Court by filing with the court a certified copy of such order which shall be entered into the Statewide Registry of Civil Restraining Orders. Such person shall swear under oath in an affidavit that to the best of such person's knowledge such order is currently in effect as written. The Affidavit for Filing Out-Of-State Protective Order may be used for this purpose. The clerk shall provide a certified copy of the protection order issued by the other jurisdiction to a law enforcement agency upon request.
Statutory provisions pertaining to Massachusetts abuse prevention orders also apply to protection orders issued by other jurisdictions. Violations of orders from other jurisdictions shall be afforded the same treatment as violations of Massachusetts abuse prevention orders with respect to penalties and orders to pay damages. The exception to the rule of spousal disqualification (which bars a husband and wife from testifying about their private conversations), which applies, inter alia, to criminal proceedings in which one spouse is a defendant alleged to have committed a crime against the other spouse or to have violated a Massachusetts order, also applies to criminal proceedings in which one spouse is a defendant alleged to have violated a protection order issued by another jurisdiction. Persons who commit the crime of stalking in violation of an order issued by another jurisdiction are subject to the same penalty as those who commit the same crime in violation of a Massachusetts abuse prevention order.
COMMENTARYGeneral Laws c. 209A, § 5A provides that protection orders issued by another jurisdiction shall be given full faith and credit throughout the Commonwealth.General Laws c. 209A, § 1 describes another jurisdiction as another state, territory or possession of the United States, the Commonwealth of Puerto Rico, the District of Columbia, or a tribal court. The statute apparently is intended to work in conjunction with the full faith and credit provisions of 18 U.S.C. § 2265.
Section 5A appears to include protection orders involving persons who may or may not be family or household members or who are in a substantive dating or engagement relationship, as provided by Massachusetts law. It is also worded to encompass orders restricting a broad variety of activities, including protection orders, the purpose of which is to prevent, in the alternative, violent or threatening acts, harassment, contact or communication with, or physical proximity to another person. Such orders may be temporary or final and may have been issued by “civil and criminal courts.” Court personnel should accept for filing any orders which fall into these categories in a manner reflecting the broad scope of the statute.
Violations of orders issued by other jurisdictions are to be treated the same as violations of orders issued by Massachusetts courts.G.L. c. 209A, §§ 5A and 7. See Commonwealth v. Shea, 467 Mass. 788, 789 (2014) (concluding that Massachusetts law governs violations of protection orders issued by another state where the violation occurred in Massachusetts). Law enforcement authorities are required to enforce foreign protection orders as they do Massachusetts orders. Specifically, police “may presume the validity of, and enforce ․․․ a copy of a protection order issued by another jurisdiction which has been provided to the law enforcement officer by any source; provided, however, that the officer is also provided with a statement by the person protected by the order that such order remains in effect. Law enforcement officers may rely on such statement by the person protected by such order.” G.L. c. 209A, § 5A(emphasis added). The filing of an order from another jurisdiction is not a prerequisite to enforcement in the Commonwealth.18 U.S.C. § 2265; G.L. c. 209A, § 5A. Protection orders from other jurisdictions are included among the types of orders the violation of which requires a police officer to make an arrest.G.L. c. 209A, § 6. Section 6 also authorizes police to make warrantless arrests if they have probable cause to believe that a firearms suspension and surrender provision of an order has been violated.
General Laws c. 265, § 43(b) provides that a person who commits the crime of stalking in violation of a protection order issued by another jurisdiction shall be punished the same as a person who committed the same crime in violation of a Massachusetts order. The crime of stalking may be “prosecuted and punished” in any jurisdiction of the Commonwealth where “an act constituting an element of the crime was committed.” G.L. c. 277, § 62B.
Memoranda and forms have been issued to facilitate filing of orders issued by other jurisdictions in the courts of the Commonwealth and logged onto the Registry of Civil Restraining Orders: a memorandum from Chief Justice for Administration and Management John Irwin, October 30, 1996, “Out-of-State Domestic Violence Restraining Orders,” including a memorandum from Commissioner of Probation Donald Cochran, October 30, 1996, “Chapter 209A, Section 5A: Out-of-State Protective/Restraining Orders;” District Court Transmittal No. 622, November 6, 1996, “Out-of-State Domestic Violence Restraining Orders;” and a memorandum from Probate and Family Court Chief Justice Mary Fitzpatrick, November 5, 1996, “Registration of Foreign Protection Orders.” Persons who are protected by an order issued by another jurisdiction and who want to file a certified copy of it in a Massachusetts court with jurisdiction are required to file an affidavit stating that the out of state order is currently in effect as written. The Affidavit for Filing Out-Of-State Protective Order may be used for this purpose.SeeG.L. c. 209A, § 5A. See also Guideline 1:08 Plaintiff Unable to Appear in Court and Guideline 2:03 Completing the Complaint; Obtaining Required Information.
Cite this article: FindLaw.com - Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 14:00 - last updated January 01, 2023 | https://codes.findlaw.com/ma/guidelines-for-judicial-practice-abuse-prevention-proceedings/ma-r-abuse-prev-guideline-14-00/
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