Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 8:03

The court should instruct the parties that once a c. 209A order is issued, violation of certain of its terms constitutes a criminal offense. The court should further instruct the parties that the terms of the order remain in effect until the order is terminated by court order, expires by its own terms, or until it is modified by the court. Any action by the defendant contrary to its terms will subject the defendant to immediate, warrantless arrest and possible criminal prosecution.

Abuse prevention orders under c. 209A can be terminated only by action of the court. Parties who appear before the court seeking an abuse prevention order should be informed that the order remains in full force and effect until the order expires under its own terms or is modified or terminated by the court on motion of either party. This information, with other frequently asked questions about the terms of an abuse prevention order, is available for both the plaintiff (“Resources for Safety and Support”) and the defendant (“Alternatives to Abuse”) in separate handouts and should be routinely provided upon the issuance of an abuse prevention order.See Guideline 6:04 Modification of Orders; Terminating Orders.

The issues of whether or why plaintiffs sometimes “acquiesce” in violations of abuse prevention orders are complicated. They involve a variety of factual considerations, including a plaintiff's need for financial support or desire to reconcile with the defendant, possible intimidation or manipulation by either party, family pressures, children's issues, and others. For purposes of issuing a criminal complaint, however, these factors are not relevant to the question of whether the order was violated, although they may be relevant to sentencing on the criminal charge.