Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 8:11

If the Commonwealth moves for dismissal of a criminal case charging domestic abuse or a violation of an abuse prevention order prior to the trial date, the court should require that the motion be in writing, setting forth the reasons therefore, in accordance with the requirements of Mass. R. Crim. P. 13.

The Commonwealth can terminate the proceeding without court permission or approval by means of a nolle prosequi under Mass. R. Crim. P. 16.

If the Commonwealth answers not ready for trial on the basis that the named victim has failed to appear, and the defendant files a motion to dismiss, the judge should have the Commonwealth state for the record the efforts made to notify the named victim.SeeG.L. c. 258B, § 3.

All pre-trial motions in criminal cases in the District Court, Boston Municipal Court, and Superior Court are required to be in writing, setting forth the reasons therefore.Mass. R. Crim. P. 13. Enforcement of this rule is particularly important when the case that the Commonwealth is asking the court to dismiss is one involving an alleged violation of an abuse prevention order or a crime of domestic abuse, and the reason given is the reluctance or the refusal of the named victim to testify. There are a variety of reasons a prosecutor may request dismissal of the criminal charges, and the court may ask a prosecutor to provide an explanation on the record.

However, the court is responsible for the decision to dismiss a case. If the court believes that dismissal may not be appropriate, it may deny the motion for dismissal. In such a case, the Commonwealth can terminate the case by filing a nolle prosequi under Mass. R. Crim. P. 16. If the Commonwealth will neither file a nolle prosequi nor proceed with the trial, the court should enter a dismissal on the record “for failure to prosecute.” The court should not attempt to compel the Commonwealth to try the case.

Where the Commonwealth intends to proceed notwithstanding the named victim's reluctance or refusal to testify, the court should not attempt to terminate the case over the Commonwealth's objection.See Guideline 8:12 Dismissal Over the Commonwealth's Objection.