Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 8:00

Violating a no contact, stay away, no abuse, vacate, or gun surrender order of an active abuse prevention order is a criminal offense.G.L. c. 209A, § 7; G.L. c. 276, § 28. This crime may be prosecuted in the criminal court (or juvenile court if the defendant is under the age of eighteen) within whose territorial jurisdiction the act allegedly occurred, or in a criminal court that issued the order.G.L. c. 119, § 54; G.L. c. 218, § 26; G.L. c. 277, § 62A. A violation of an abuse prevention order may also be prosecuted as criminal or civil contempt in the court that issued the order.SeeGuideline 8:02 Criminal Contempt and Guideline 8:02A Civil Contempt.

If the no contact, stay away, no abuse, vacate, or gun surrender order was issued by the Probate and Family Court, the criminal complaint must be sought in the appropriate District Court, Boston Municipal Court, or Juvenile Court (or by way of indictment in the appropriate Superior Court) where the alleged violation occurred. The Probate and Family Court that issued such an order, or any other abuse prevention order, may itself proceed on an alleged violation as a criminal or civil contempt.

The violation of any other provisions of an abuse prevention order (e.g., support, custody, or compensation) may be addressed only as a criminal or civil contempt in the court that issued the order.

General Laws c. 209A, § 7 provides that, while abuse prevention orders are civil in nature, violations of such orders are criminal. However, case law has interpreted this language to mean that only violations of orders (1) to refrain from abuse, (2) to vacate the household, (3) to have no contact with, or (4) to stay away from the plaintiff, are criminal violations.See Commonwealth v. Finase, 435 Mass. 310, 313-314 (2001). In addition, G.L. c. 209A, § 3B makes a violation of an order to surrender guns, ammunition, and firearms licenses (FID; LTC) a criminal offense. Violations of other provisions of the order, such as orders for support, custody, or compensation are punishable through contempt proceedings.G.L. c. 209A, § 7. See Guideline 8:02 Criminal Contempt and Guideline 8:02A Civil Contempt. Abuse prevention orders issued by other jurisdictions are to be enforced as though they were issued in the Commonwealth.SeeG.L. c. 209A, §§ 5A and 7; and, Guideline 14:00 Filing and Enforcement of Abuse Prevention and Other Protective Orders Issued by Other Jurisdictions. Consequently, violations of orders issued by other states may be prosecuted in Massachusetts, and Massachusetts law governs the violation of such abuse prevention orders.Commonwealth v. Shea, 467 Mass. 788, 789 (2014).