HARASSMENT ORDER STATUTE, G.L. c. 258E … CLIENTS UNDER THE NEW HARASSMENT ORDER STATUTE, G.L. c....

Tuesday, May 4, 2010 TrainingFor Pro Bono/Legal Services Attorneys

REPRESENTING CLIENTS UNDER THE NEWHARASSMENT ORDER STATUTE, G.L. c. 258E

- Introduction - Sue Finegan, Mintz Levin

- Overview and the Need for 258E - Helen Guyton, Mintz Levin

- Statutory Framework: Individuals Covered, Process, Remedies - Sue

Finegan, Mintz Levin

- Punishment for Violation, Law Enforcement Obligations under258E, and Pending Amendments - Elissa Flynn-Poppey, Mintz Levin

- Court Forms and Trainings - Jamie Sabino, Administrative Office of

the Trial Court

- The Prosecutor's Perspective - David Deakin, Suffolk County District

Attorney's Office

- Working with a Sexual Assault Survivor - Colby Bruno, Victim Rights

Law Center

- Questions

HOSTED BYMINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C.

IN PARTNERSHIP WITH VICTIM RIGHTS LAW CENTER

THE DOMESTIC AND SEXUAL VIOLENCE COUNCIL (DSVC)WOMEN'S BAR FOUNDATION'S FAMILY LAW PROJECT

Overview of G.L. c. 258E

• A victim/plaintiff is not required to pay a filing fee.

• The statute was drafted so that a victim can file a complaint incourt without necessarily needing legal representation.

• While obtaining the harassment order is a civil process, aviolation of the harassment order is criminally enforceable.

• There is no relationship requirement to obtain this harassmentordec

An Act Relative to HarassmentPrevention Orders

G.L. c. 258E

Educational Resource MaterialsSpring 2010

t.S, a. min ical.KI;og no, nn pemtne•.net,aent4

Overview of G.L. c. 258E

• G.L. e. 258E is a new law that allows victims of stalking, sexualassault and/or harassment to obtain a harassment order againsthis/her perpetrator.

• Governor Patrick and Lt. Governor Murray signed the bill intolaw on February 9, 2010.

• 258E goes into effect on May 10, 2010.

• The domestic violence restraining order law - G. L c. 209A -has not been amended and is still in full force and effect.

5/3/2010

Need for G.L. c. 258E

• Many victims of stalking, sexual assault, and harassment did nothave such a relationship with their perpetraror.

• For example, 34% of sexual assaults are perpetrated byfriends or acquaintances:16% of sexual assaults areperpetrated by strangers — neither group would qualify for a209A restraining order.

• Thus, many victims of stalking, sexual assault, and harassmentwere not able to obtain 209A restraining orders.

Presentation Outline

• This presentation will cover:

• The need for 258E — Helen Guyton;

• The statutory framework: individuals covered, process,remedies — Sue Finegan

• Punishment for violation, law enforcement obligations under258E, pending amendments — Elissa Flynn-Poppey

• Court forms and trainings — Jamie Sabino

• The Prosecutor's Perspective — David Deakin

• Working with a sexual assault survivor — Colby Bruno

• Questions

Need for G.L. C. 258E

Under the domestic violence restraining order law — 209A —victims have to fulfill a relationship requirement to qualify for arestraining order:

• Are or were married to one another;

• Are or were residing together in the same household;

• Are or were related by blood or marriage;• Have a child in common; or

• Are or have been in a substantive dating or engagementrelationship.

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Need for G.L. c. 258E

• While protective orders are only part of a larger safety plan for victims,

they do provide invaluable safety protection and are vitally important.

About a tenth of stalking victims attributed the cessation of theunwanted behavior to obtaining a restraining, protection, or stay awayorder.

&man nr),nikcStiniiiiiicii Srcci4 AvonJannaly 2419, Nunnaal Crine Sinney

Reports indicate some 86% of the women who received a protectionorder state the abuse tither stopped or was greatly reduced.

Ainnek, 8..unied Women in die Coi-imamThe raw. oriira/JILeperne 0949

Need for G.L. c. 258E: Prior Remedies

Since 209A was not available to these victims, only imperfect criminal remedies were available prior to the passage of 258E.

Criminal Process:

Many victims of sexual assault, stalking, and harassment do

not report their crimes to the polite; for these victims,criminal protections are not available.

Even if criminal prosecution goes forward, and, as part of

probation/bail/parole the defendant is ordered to stay away

from the victim, such stay away order is usually limited in time

and only enforceable by the court.

Need for G.L. c. 258E: Prior Remedies

Since 209A was not available to these victims, only imperfect did.

remedies were available prior to the passage of 258E.

• Civil Process:

• Relief could be costly as it most likely required representationfrom a lawyer and the filing fee costs;

• Injunctive relief, if granted, was not criminally enforceable —

it was only enforced by a contempt of court.

5/3/2010

5/3/2010

Need for G. L. c. 258E: MassachusettsLagged Behind Other States

Thirty-eight states plus

the District of Colombia

have stalking/harassment

civil protection orders.

Those states are noted in RED

Statutory Framework of

G.L. c. 258E

Who is Covered by G.L. c. 258E?

• To obtain a harassment order under 258E, an

individual must demonstrate that he or she has

suffered from "harassment."

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4

Key Definitions in G.L. c. 258E

• "WILLFUL" is not specifically defined in the statute, however,

there ate two definitions of willful that may be used to interpret

the statute.

• Willful and malicious property damage - requires that the actor

intend both the act and the resulting harm.onfArmand.

411 Mass. 167 (1991)

• Willful and malicious criminal harassment - requires only that

the actor intend the act and does not require evil intent or ill

will. Comm. v. O'Neil 67 Mass. App. Ct. 284 (2006).

• "MALICIOUS" - Malicious is defined in the statute at conduct

characterized by "cruelty, hostility or revenge." G.L. c. 258E, § 1.

rs


• There are three alternate definitions of "Harassment"

noted in the statute:• Three or more acts of willful and malicious conduct aimed at a specific

person committed with the intent to cause fear, intimidation, abuse ordamage to property and that does in fact cause fear,Mtimidation, abuseor damage to property.

OR

• One act that:• (A) by force, threat or duress causes another to involuntarily engage

in sexual relations; or

(B) constitutes a violation of several specifically enumerated criminal

ss


Under the first alternative definition of "harassment," there are 5

elements:

• There must have been three or more acts of harassment.

• Each act must have been aimed at a specific person committed.

• Each act must have been both willful and malicious.• Each act must have been done with the intent to anise fear,

intimidation, abuse or damage to property.

- Each act must in fact have mused fear, intimidation, abuse ordamage to property.

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Venue

A plaintiff seeking a harassment order under 258E may apply in oneof these courts having venue over the plaintiff 'a residence:

• Boston Municipal Court

• District Court

• Superior Court

• juvenile Court

• A plaintiff may only seek relief in juvenile Court if the plaintiff and

defendant are both under the age of 17.


• Under the second and third alternative definitions of"harassment," plaintiff must show one act of the following.

One act that:- (A) by force, threat or duress causes another to involuntarily

engage in sexual relations;

• (B) constitutes a violation of twelve specifically enumerated

criminal statutes (noted on next slide).

Enumerated Statutes

Chapter 265 of the General Laws Sections

• 13B (indecent assault and battery on a child under the age of 14);

• 13F (indecent assault and battery on a mentally retarded person);

• 1311 (indecent assault and battery on persons 14 years or older);

• 22 (rape);• 22A (rape of a child/use of force);

• 23 (rape and abuse of a child/statutory tape);

• 24 (assault with intent to commit tape);

• 2413 (assault of a child with the intent to commit rape);

• 26C (enticement of a child);

• 43 (rxhninal stalking); or

• 43A (criminal harassment)

Chapter 272 of the General Laws Section 3 (drugging persons for

sexual Mtn-course)

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Process to Obtain Order UnderG.L. c. 258E: Emergency Relief

• Upon the filing of a complaint, the court may issue the following:

Emergency relief after hours

• Provides for relief if court is dosed or if plaintiff unable to

appear because of severe hardship due to plaintiff's physical

condition.

- The emergency judicial response system will be the same as

with 209A restraining orders.

Process to Obtain Order Under G.L. c. 258E

• The procedural process is very similar to that in 209A.

• Overview:

• Filing a complaint

• Emergency relief

• Ex parte betting

• Notice to defendant

• 10.day hearing

Extension hearing

Process to Obtain Order UnderG.L. c. 258E: Complaint

• Person suffering from harassment may file a complaint in the

appropriate court, setting forth the remedies s/he seeks..

• Plaintiff selects which alternate definition of harassment s/he is

alleging.

• Plaintiff sets forth the details of harassment in an accompanying

affidavit.

• All prior actions involving the parties must be listed on the complaint

(e.g, civil matters, school disciplinary matters).

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Process to Obtain Order Under G.L. c. 258E:Review by Judge of Court Activity Record

Information

• If outstanding warrant exiset, a judge shall notify appropriate lawenforcement officials. Judge shall also make a finding as to whetherplaintiff faces imminent threat of bodily injury.

• If imminent threat of serious bodily injury exists, judge shall notifyappropriate law enforcement officials of such finding and lawenforcement Officials shall take all necessary action to execute theoutstanding warrant promptly

1.1

Process to Obtain Order Under G.L. c. 258E:Ex Patte Order/Temporary Relief

Upon the filing of a complains, the court may issue the following:

• Temporary relief without the defendant present

• Imminence requitement for ex parte relief

• Court may order temporary relief orders without notice if theplaintiff demonstrates a "substantial likelihood of immediatedanger of harassment."

• Note that 'harassment" isstatutorilydefined,so aplaintiffwho haspreviouslybeen stalled will likely be able to demonstratethar there is asubsrxeml likelihood of immediate danger of, fore:ample, one actorstalking

Process to Obtain Order Under G.L. c. 258E:Review by Judge of Court Activity Record

Information

• When considering a complaint under 258E, the court shall order areview of the defendant's records contained within the court activityrecord information system (formerly known as BOP) and domesticviolence recordkeeping system.

• Purpose of review is to determine if defendant has civil or criminalrecord involving violent crimes or abuse.

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Process to Obtain Order UnderG.L. c. 258E: Modification

• The Court can modify the order but moving parry must give sufficientnotice to the non-moving party, and allow for an opportunity for non-moving party to be heard at a hearing

• The statute does not expressly require prior notice. Far 209A ado; theTtial Cow Gnifellner (commentag to Standard 6:04 (2000)) contemplate the

postibilio of ex parte allowance f a motion for modification if there it "aembstamial likeabood of immediate danger if akar." (G.L 2094, J 4.)

Process to Obtain Order UnderG.L. c. 258E: 10-Day Hearing

Court will state on its temporary order when the plaintiff needs tocome back to court.

• Defendant shall be given notice for the 10-day hearing.

• Defendant will have an opportunity to be heard on the question ofwhether the temporary circler should continue.

• Court may grant any other relief requested by plaintiff at the 10-dayhearing.

• Court may grant relief to the plaintiff for up to one year.

• Statute does not expressly require plaintiff to demonstrate a 'Swbtrardirdlikellhoed of into-Wide danger of &reamed" as it did at ex parte hearing.

Process to Obtain Order UnderG.L. c. 258E: Extension

• At expiration of the initial order, the court may:

• Extend the order for additional time as it deems necessary toprotect the plaintiff; or

- Enter a permanent order.

xis

5/3/2010

Remedies Afforded by G.L. c. 258E

Under 258E, section 3, a person suffering from harassment may

petition the court for an order that the defendant, whether an adult or

minor:

• Refrain from abusing or harassing the plaintiff;

• "Abuse" is defined as attempting to cause or causing physical

harm ro another or placing another in fear of imminent serious

physical harm.

• Refrain from contacting the plaintiff, sinless authorized by the

court;

• Remain away from the plaintiff's household or workplace; and/or

• Pay the plaintiff 'monetary compensation" for the losses suffered

as a result of the harassment

Process to Obtain Order Under

G.L. c. 258E: Confidentiality

The following information shall remain confidential and withheld from

public inspection, except by order of the court

• Residential address and telephone number of plaintiff

• Workplace name, address and telephone number of plaintiff

• However,plaintiff 's confidential information shall appear on the court

order and accessible to defendant and defendant's attorney unless

plaintiff specifically requests that this information be withheld from

the order.

• The information will be available to plaintiff and plaintiff 's counsel

and to others specifically authorized by plaintiff (such as victim-

witness advocates, sexual assault counselors, and any officer authorized

to serve criminal process) as long as such access is "necessary in the

performance of their duties."

Process to Obtain Order UnderG.L. c. 258E

• In addition to the confidentiality provided for the residence and

workplace information, under the Trial Court impoundment

rules, the court may order that any other information in the case

record be impounded and unavailable for public inspection.

• Same "Motion For Impoundment" form may be used for both

258Es and 209As.

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Remedies Afforded by G.L. c. 258E

"Monetary compensation" for the losses suffered as a result of the

harassment includes, but is not limited to:

• Loss of earnings;

• Out-of-pocket losses for injuries sustained or property damaged;

• Cost of replacement locks;

• Medical expenses;

• Cost for obtaining an unlisted number, and/or

• Reasonable attorney's fees.

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Remedies Not Afforded by G.L. c. 258E

The following court remedies are not authorized under 258E:

• An order to vacate the home.

• An order addressing custody, visitation or temporary support.

• Compensatory losses for moving expenses.

• Note: The above remedies are available under 209A, which

focuses on domestic violence in a family/household

relationship, making the above remedies relevant.

Suspension and surrender of firearms, Firearms licenses, or

firearms identification.

MI

5/3/2010

Full Faith & Credit

• Any protection order issued by another jurisdiction shall be given

full faith and credit in the Commonwealth.

• Any protection order issued by another jurisdiction shall be

enforced as if it were issued in the Commonwealth for as long as

the order is in effect.

11

Law Enforcement Obligations UnderG.L. c. 258E

Lay; officers should make every effort to do the following as part of theemergency response:

Assess the immediate physical danger to the victim and provide assistancereasonable to mitigate the safety risk;

If there is observable injury to the victim Of if the victim is complaining of

injury, encourage the victim to seek medical attention and arrange formedical assistance orrequest an ambulance for transport to a hospital;

f a sexual assault has occurred, notify the victim thatthere are time sensitivemedical or forensic options that may be available and encourage the victim toseek medical attention and strange for medical assistance or requestanambulance for tontsport to a hospital; •

• Provide the victim with referrals to local cesourcesthat may assist thevictim

in locating and getting to a safe place; and

• Provide adequate notice to the victim of his/her rights including. but not

limited to. obtaininga harassmcntpreventinn order

Punishment for Violation of G.L. c. 258E

A violation of 258E is a misdemeanor criminal offense punishable by

• A fine of not more than $5,000; or

• By imprisonment for not more than 2 Vi years in the house ofcorrection; or

Both.

Persons convicted under 25$E must also pay a fine of $25 for deposit

into the General Fund.

Punishment for Violation ofG.L. c. 258E

Upon a violation, the court may also order that the defendantcomplete en appropriate treatment program based on the offense andmay also order the defendant to pay the plaintiff for certain specifieddamages.

• To provide judges greater discretion, 258E does not specify whichtreatment programs may be appropriate.

Under 209A, in contrast, for any violation a court shall order theabusive parmer to attend and complete a certified batterer'sintervention program unless the judge issues written findings as togood cause why this should not be ordered.

Although not punishment, the court shall also impose an assessmentof $350 against any person who has been referred to a treanneutprogram as a condition of probation.

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Pending Amendments

• There are amendments to 258E currently pending

.5•

Law Enforcement Obligations UnderG.L. c. 258E

Law enforcement shall use reasonable means to enforce such orders.

In contrast to 209A., the statute does not currently include a right toarrest by law enforcement if he/she has probable cause to believe thata restraining order has been violated.

• Although there is no right to arrest, a best practice for lawenforcement would be for the Officer to seek a criminalcomplaint in District Court through a show cause hearing onbehalf of the victim.

• A victim may seek their own criminal complaint in this samemanner.

Recordkeeping System of Defendants

Whenever the court orders that the defendant refrain from harassingor have no contact with the plaintiff, the court or clerk-magistrate shalltransmit:• The issuance of, or violation of, such prevention order to the office

of die commissioner of probation information for filing in thecourractivity record information system or statewide domesticviolence recordkeeping system; and

• Two (2) certified copies of the order and one (1) copy of thecomplaint and summons to the appropriate law enforcementagency, which shall serve one copy of each on the defendant.

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Should An Individual file forG.L. c. 209A or G.L. c. 258E?

IF a victim qualifies fur both. there axe several factors to consider.

The defendant's access to a firearm, and the Courts ability to remove

firearms in 209A but not 258E

The violation of 209A as an arrestable offense, while it is not under

258E currently

The remedies available under 209A (i.e. vacate the home, custody, etc)

are somewhat different, and may be preferable depending on the

victim's circumstances.

• For example, if the individual filing forthe restratning ortierhas children,

209A penvides rernediesvelated to custody visirarion.and child support,

which 258E does not contain.

The importance of relying on established caselaw that has developed

under 209A, based on the facts of the case, which is not available under

258E

Court Forms and Information

Jamie Sabino

The Prosecutor's Perspective

David Deakin

43

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Statistics on sexual assault

I in 6 females are victims of sexualassault.

I in 33 males are victims of sexualassault.

70-80% of victims know theirassailant (date, co-worker,classmate, etc.).

807. of women assaulted are underthe age of 30.

75% of victims seekhelp/intervention I rime.

Who might your clients be?

• College students

• Work colleagues

• Tenants

• Immigrants who experienceworkplace sexual assault

• High school students— Bullying

V1CT MR 1G HTSusw.c.ENTEit

Free legal representation to victims of

sexual assault since 1999

Areas of law:

• Safety

• Privacy

• Immigration

• Employment

• Education

• Housing

• Financial concernsLeading s New Response to Saws! Viarcnce

Filling out the affidavit

• Many victims are concerned that they cannot put all of thedetails in a one page affidavit.

• To counteract that issue, you could include a disclaimer at thebeginning of the affidavit that states:

• The following is a brief summary of the events and doesnot attempt to capture all the detail of the abuse...

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Post-Assault Victim Reactions areTotally Unpredictable

• Life threatening event =TRAUMA!

• Pre-assault vulnerabilitiesare magnified

• Confusion

• Life is a mess

• Anxiety

• Safety concerns

• Difficulty concentrating

• Hypervigilance

• Exhaustion (I-11Vprophylaxis)

• Depression

• Suiddality

• Absolute fear

5/3/2010

Why don't victims tell?

Societal views

"She's making it up."

• (rate of false reporting for tape is the same as other crimes)

• Victim blame

She asked for it."

• Intense scrutiny of personal life

• Credibility (he said/she said)

"No one will believe me."

• Family/own values

Most victims face a difficult

compromise between maintaining

personal control and privacy and

seeking remedies.

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What can you do as a victim's lawyer?

• he patient• Always think about safety and privacy first• Provide ample information and lay out all options and possible

outcomes• Be compassionate

Let the client decide what to do(even _you disagree)!

SI

Being assaulted affects a victim's memory

Life threatening event = Trauma

Trauma = memory problems

• Can't remember details of incident• Only remembers certain details vividly• Triggers to memory• Can't remember chronology

ran be

frustrating asyou

are trying to hclpthe victim Sal out

the affidavit.

49

Emotional Effects

• Panic• Anger• Sadness• Shame• Isolation• Guilt• Lack of emotion• Laughter

Coping Mechanisms• Avoidance

• Minimization

• Use of drugs/alcohol

• Self-blame

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What can you do as a victim's lawyer?

• Reaffirm confidentiality

• Remind the client that iote

—believe victim's story

—do not blame victim(drinking, going to perp'sroom, engaging in someconsensual activity)

• Explain why you are askingcertain questions — you are notblaming victim for the assault

• Let victim dictate the pace

• Show emotion

• Encourage updates as victim isready to share

3 Victim may forget details

3 Victim may self-blame

3 Victim may be worriedabout you

3 Victim may be embarrassed

Contact informationColby BrunoV111,C Boston Office115 Broad Sweet, 3'd FloorBoston, MA 02110General number: (617) 399-6720Intake line (for victims): 617-399-6720 x19Toll Ere= 1-877-758-8132Email: cbruno@victimrights .org

Jamie SabinoThe Administrative Office of the Trial Court

David DeakinSuffolk County District Attorney's Office

Interested in taking a case?

The Rape Survivors' Law Project

The Pro Bono Initiative of the VRLC

• VRLC will train your attorneys on how to represent victims.

• VRLC mentors all attorneys who take cases — you don'tneed to be an expert, we are

• VRLC refers the following types of cases:

• Immigration, privacy, 209A orders, 25$E orders, & clerkmagistrate beatings.

513/2010

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5/3/2010

Contact information• Susan Finegan

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, [email protected](617) 542-6000

• Elissa Flynn-PoppeyMinre., Levin, Cohn, Ferris, Glovsky and Popeo, [email protected](617) 54261100

• Helen GuytonMina, Levin, Cohn, Ferris, Glovsky and Popeo, [email protected](617) 542-6000

• Dean AtkinsMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.DAtkinsglrointz.com(617) 542-6000

List of Bill Sponsors and Supporters

Senators

— The Honorable Harriette L Chandler -- Lead Sponsor

— The Honorable Senate President Therese Murray

— The Honorable Steven C. Pagiotakos

— The Honorable Scott P. Brown

— The Honorable Steven A. Baddour

— The Honorable Cynthia Stone Creem

— The Honorable fames B. Eldridge

— The Honorable Susan C. Fargo

— The Honorable John 'Jack" Hart, Jr.

— The Honorable Mark C. Montigny

— The Honorable Karen E. Spilka

— The Honorable Susan C. Tucker


Representatives

— The lionorableCory Atkins— Lead Sponsor

— The Honorable Speaker Rol>err DeLro

— The Honorable Glades Murphy

— The Honorable Ea.igeneO'Hahetty

— The Honorable Peter.). Knumuiian

— The Honorable William N Brovmsberger

— 11w Honorable Mary, E. Grant

— The Honorable Jay R. Kaufman

— The Honorable Kay Khan

— The Honorable Vincent A. Pedone

— The Honorable Katbi-Anne Reinsiein

— The HonorableJohn W Scibak

— The Honorable Frank 1. Sminik

— The HonorableChristopher N. SE)GrNIITO,

— The H11110111bieaiellSIOry

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5/3/2010


Repjamp_c_i ves

— The Honorable Timothyl Toomey

— The Honorable Martha M. WA.

— The Honorable M eK. Wolf

— The Honorable Carolyn Dykeme

— The Honorable Lori A. Ehrlich

— The Honorable Ann-Margaret Fermnte

— The HonorableDanklle V./ Gregoire

— The Honorable Kate Hopn

— The Honorable Kay Khan

— The Honorable Barbara L'halien

— The HonorableSarah K. Ptak

— The Honorable Denise Provost

Questions?

so

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uurrent as of may :3, ZU1U

258E: AN ACT RELATIVE TO HARASSMENT PREVENTION ORDERS

An Act Relative to Harassment Prevention Orders, G.L. c. 258E ("258E"), fills a critical gap in the law by providing victims ofcriminal harassment, stalking and sexual assault, regardless of their relationship with the defendant, with the ability to obtainharassment prevention orders against their perpetrators. Under G.L. c. 209A ("209A"), only those victims who are familymembers, reside in the same household, or have a substantial dating relationship with the defendant could obtain arestraining order; the new law has no such requirement. Please note 209A has not been amended and is still in fullforce and effect.

FREQUENTLY ASKED QUESTIONS

Q: WHO QUALIFIES FOR 258E RELIEF?A: An individual who has been the victim of "harassment" and who demonstrates a substantial likelihood of immediatedanger of 'harassment" may qualify for 258E relief. "Harassment" is specifically defined in 258E as: (i) 3 or more acts ofwillful and malicious 1 conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse ordamage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) byforce, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of severalspecifically enumerated criminal statutes. 2

Difference from 209A: Plaintiffs seeking relief under 258E need not be in a familial, household, or substantive datingrelationship, as required by 209A.

Q: WHERE CAN A PLAINTIFF APPLY FOR 258E RELIEF?A: A plaintiff seeking a restraining order under 258E may apply in the district, Boston municipal, juvenile, or superiorcourt departments having venue over that plaintiffs residence. Additionally, if the plaintiff and defendant are both under theage of 17, the plaintiff must seek relief in the juvenile court having venue over that plaintiffs residence.

Difference from 209A: As there is no family, household, or dating relationship requirement, the Probate and Family Courtsdo not have jurisdiction to issue 258E orders.

Q: IS THE PROCEDURAL PROCESS DIFFERENT THAN 209A?A: The procedural process is very similar to that in 209A. The remedy is considered civil in nature, but a violation ofthe restraining order is criminal. Plaintiff does not pay a fee for filing the complaint. A plaintiff's residential and workplaceaddress may be kept confidential (unless the plaintiff chooses to request an order for the defendant to stay away from thoseaddresses). A plaintiff may also ask the judge to impound, under current court rules, any part of the file. The court mayissue the following: emergency relief after hours, temporary relief without the defendant present, relief to the plaintiff for upto one year after a hearing with notice to the defendant, and a modified order upon notice to the non-moving party. On thecomplaint form, the plaintiff must disclose all pending actions involving the parties. The Chief Justice for Administration andManagement is responsible for creating all forms, including the Complaint and Order — not the individual courts.

Difference from 209k Under 209A, the plaintiff only has to provide information on the complaint regarding actions fordivorce, annulment, paternity, custody or support, guardianship, separate support or legal separation, or abuse prevention;under 258E, all actions must be included (e.g. civil matters, school disciplinary matters).

Q: WHAT ARE THE REMEDIES AFFORDED BY A 258E HARASSMENT ORDER?A: A person suffering from harassment, as defined by 258E, may petition the court for an order that the defendant,whether an adult or a minor.

1 Malicious is defined as conduct characterized by "cruelty, hostility or revenge". G.L. c. 258E, § 1.2Chapter 265 of the General Laws Sections 13B (indecent assault and battery on a child under the age of 14); 13F (indecentassault and battery on a mentally retarded person); 13H (indecent assault and battery on persons 14 years or older); 22(rape); 22A (rape of a child/use of form); 23 (rape and abuse of a child); 24 (assault with intent to commit rape); 24B(assault of a child with the intent to commit rape); 26C (enticement of a child); 43 (criminal stalking) or 43A (criminalharassment). Chapter 272 of the General Laws Section 3 (drugging persons for sexual intercourse).

Current as of May 3, 2010

n Refrain from abusing or harassing the plaintiff;

• Refrain from contacting the plaintiff, unless authorized by the court;

• Remain away from the plaintiffs household or workplace;

• Pay the plaintiff monetary compensation for the losses suffered as a result of the harassment, including butnot limited to loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost ofreplacement locks, medical expenses, cost for obtaining an unlisted number and reasonable attorney's fees.

Difference from 209A The following remedies provided for in 209A are not available under 258E: (1) an order to vacate thehome; (2) an order addressing custody, visitation or temporary support; and (3) compensatory losses for moving expenses.

Q: WHAT IS THE PUNISHMENT FOR A VIOLATION OF 258E?A: A violation of 258E is a criminal offense punishable by a fine of not more than $5,000, or by imprisonment for notmore than 2 1/2 years, or both. Persons convicted under 258E must also pay a fine of $25 for deposit into the General Fund.Additionally, the court may order that the defendant complete an appropriate treatment program based on the offense andmay also order the defendant to pay the plaintiff for certain specified damages. Although not a punishment, the court shallalso impose an assessment of $350 against any person who has been referred to a treatment program as a condition ofprobation.

Difference from 209A A violation of 258E will not result in the removal of firearms or other firearms modifications included in209A. Under 209A, the court may consider ordering the abusive partner to attend and complete a certified batterer'streatment program as a condition of visitation; 258E allows the court, upon a violation of the restraining order, to order thedefendant to complete a treatment program, but does not specify which one(s) may be appropriate.

Q: WHAT ARE LAW ENFORCEMENT'S OBLIGATIONS UNDER 258E? A: Law officers should make every effort to do the following as part of the emergency response:

• Assess the immediate physical danger to the victim and provide assistance reasonable to mitigate the safetyrisk;

• If there is observable injury to the victim or if the victim is complaining of injury, encourage the victim to seekmedical attention and arrange for medical assistance or request an ambulance for transport to a hospital;

• If a sexual assault has occurred, notify the victim that there are time sensitive medical or forensic options thatmay be available and encourage the victim to seek medical attention and arrange for medical assistance orrequest an ambulance for transport to a hospital;

• Provide the victim with referrals to local resources that may assist the victim in locating and getting to a safeplace; and

• Provide adequate notice to the victim of his/her rights including, but not limited to, obtaining a harassmentprevention order.

Difference from 209A: Both a violation of 258E and the underlying offense are not currently an arrestable offense. 258Eprovides law enforcement the flexibility to protect victims and provide resources without mandating how law enforcementmust act.

Q. IF SOMEONE QUALIFIES FOR BOTH . A 209A AND 258E RESTRAINING ORDER, WHICH ONE SHOULD THEY OBTAIN?A: If an individual qualifies for a 209A restraining order based on both relationship and actions that fall under thedefinition of abuse, there are several factors to consider.

• Defendant's access to a firearm, and the court's ability to remove firearms in 209A but not 258E.• Violation of 209A as an arrestable offense, while it is not under 258E currently.• Reliance on established case.law that has developed under 209A, and the certainty of interpretation, which is not

available under 258E.• Need for specific remedies the plaintiff seeks in obtaining the restraining order, and whether 209A or 258E is better

for the victim based on that need.

4884402v.2

Chapter 23 of the Acts of 2010

AN ACT RELATIVE TO HARASSMENT PREVENTION ORDERS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and bythe authority of the same as follows:

The General Laws are hereby amended by inserting after chapter 258D the following chapter:-

CHAPTER 258EHARASSMENT PREVENTION ORDERS

Section 1. As used in this chapter the following words shall, unless the context clearly requiresotherwise, have the following meanings:-

"Abuse", attempting to cause or causing physical harm to another or placing another in fear ofimminent serious physical harm.

"Harassment", (i) 3 or more acts of willful and malicious conduct aimed at a specific personcommitted with the intent to cause fear, intimidation, abuse or damage to property and that doesin fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force,threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes aviolation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 orsection 3 of chapter 272.

"Court", the district or Boston municipal court, the superior court or the juvenile courtdepartments of the trial court.

"Law officer", any officer authorized to serve criminal process.

"Malicious", characterized by cruelty, hostility or revenge.

"Protection order issued by another jurisdiction", an injunction or other order issued by a court ofanother state, territory or possession of the United States, the Commonwealth of Puerto Rico, orthe District of Columbia, or a tribal court that is issued for the purpose of preventing violent orthreatening acts, abuse or harassment against, or contact or communication with or physicalproximity to another person, including temporary and final orders issued by civil and criminalcourts filed by or on behalf of a person seeking protection.

Section 2. Proceedings under this chapter shall be filed, heard and determined in the superiorcourt department or the Boston municipal court department or the respective divisions of thejuvenile or district court departments having venue over the plaintiff's residence. The juvenilecourt shall have jurisdiction over all proceedings under this chapter in which both the plaintiffand the defendant are under the age of 17.

Section 3. (a) A person suffering from harassment may file a complaint in the appropriate court

requesting protection from such harassment. A person may petition the court under this chapterfor an order that the defendant:

(i) refrain from abusing or harassing the plaintiff, whether the defendant is an adult or minor;(ii) refrain from contacting the plaintiff, unless authorized by the court, whether the defendant isan adult or minor;(iii) remain away from the plaintiff's household or workplace, whether the defendant is an adultor minor; and(iv) pay the plaintiff monetary compensation for the losses suffered as a direct result of theharassment; provided, however, that compensatory damages shall include, but shall not belimited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, costof replacement of locks, medical expenses, cost for obtaining an unlisted phone number andreasonable attorney's fees.

(b) The court may order that information in the case record be impounded in accordance withcourt rule.

(c) No filing fee shall be charged for the filing of the complaint. The plaintiff shall not becharged for certified copies of any orders entered by the court, or any copies of the filereasonably required for future court action or as a result of the loss or destruction of plaintiff'scopies.

(d) Any relief granted by the court shall not extend for a period exceeding 1 year. Every ordershall, on its face, state the time and date the order is to expire and shall include the date and timethat the matter will again be heard. If the plaintiff appears at the court at the date and time theorder is to expire, the court shall determine whether or not to extend the order for any additionaltime reasonably necessary to protect the plaintiff or to enter a permanent order. When theexpiration date stated on the order is on a date when the court is closed to business, the ordershall not expire until the next date that the court is open to business. The plaintiff may appear onsuch next court business day at the time designated by the order to request that the order beextended. The court may also extend the order upon motion of the plaintiff, for such additionaltime as it deems necessary to protect the plaintiff from harassment. The fact that harassment hasnot occurred during the pendency of an order shall not, in itself, constitute sufficient ground fordenying or failing to extend the order, or allowing an order to expire or be vacated or for refusingto issue a new order.

(e) The court may modify its order at any subsequent time upon motion by either party;provided, however, that the non-moving party shall receive sufficient notice and opportunity tobe heard on said modification. When the plaintiffs address is inaccessible to the defendant asprovided in section 10 and the defendant has filed a motion to modify the court's order, the courtshall be responsible for notifying the plaintiff. In no event shall the court disclose any suchinaccessible address.

(f) The court shall not deny any complaint filed under this chapter solely because it was not filedwithin a particular time period after the last alleged incident of harassment.

(g) An action commenced under this chapter shall not preclude any other civil or criminalremedies. A party filing a complaint under this chapter shall be required to disclose any prior orpending actions involving the parties.

Section 4. Upon the filing of a complaint under this chapter, a complainant shall be informedthat the proceedings hereunder are civil in nature and that violations of orders issued hereunderare criminal in nature. Further, a complainant shall be given information prepared by the -appropriate district attorney's office that other criminal proceedings may be available and suchcomplainant shall be instructed by such district attorney's office relative to the proceduresrequired to initiate criminal proceedings including, but not limited to, a complaint for a violationof section 13B, 13F, 13H, 22, 22A, 23, 24, 2413, 26C, 43 and 43A of chapter 265 or section 3 ofchapter 272. Whenever possible, a complainant shall be provided with such information in thecomplainant's native language.

Section 5. Upon the filing of a complaint under this chapter, the court may enter such temporaryorders as it deems necessary to protect a plaintiff from harassment, including relief as providedin section 3.

If the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, thecourt may enter such temporary relief orders without notice as it deems necessary to protect theplaintiff from harassment and shall immediately thereafter notify the defendant that thetemporary orders have been issued. The court shall give the defendant an opportunity to be heardon the question of continuing the temporary order and of granting other relief as requested by theplaintiff not later than 10 court business days after such orders are entered.

Notice shall be made by the appropriate law enforcement agency as provided in section 9.

If the defendant does not appear at such subsequent hearing, the temporary orders shall continuein effect without further order of the court.

Section 6. When the court is closed for business or the plaintiff is unable to appear in courtbecause of severe hardship due to the plaintiff s physical condition, the court may grant relief tothe plaintiff as provided under section 5 if the plaintiff demonstrates a substantial likelihood ofimmediate danger of harassment. In the discretion of the justice, such relief may be granted andcommunicated by telephone to an officer or employee of an appropriate law enforcement agency,who shall record such order on a form of order promulgated for such use by the chief justice foradministration and management and shall deliver a copy of such order on the next court day tothe clerk or clerk-magistrate of the court having venue and jurisdiction over the matter. If reliefhas been granted without the filing of a complaint pursuant to this section, the plaintiff shallappear in court on the next available business day to file a complaint. If the plaintiff in such acase is unable to appear in court without severe hardship due to the plaintiff's physical condition,a representative may appear in court, on the plaintiff's behalf and file the requisite complaintwith an affidavit setting forth the circumstances preventing the plaintiff from appearingpersonally. Notice to the plaintiff and defendant and an opportunity for the defendant to be heardshall be given as provided in said section 5.

Any order issued under this section and any documentation in support thereof shall be certifiedon the next court day by the clerk or clerk-magistrate of the court issuing such order to the courthaving venue and jurisdiction over the matter. Such certification to the court shall have the effectof commencing proceedings under this chapter and invoking the other provisions of this chapterbut shall not be deemed necessary for an emergency order issued under this section to takeeffect.

Section 7. Any protection order issued by another jurisdiction shall be given full faith and creditthroughout the commonwealth and enforced as if it were issued in the commonwealth for as longas the order is in effect in the issuing jurisdiction.

A person entitled to protection under a protection order issued by another jurisdiction may filesuch order with the appropriate court by filing with the court a certified copy of such order. Suchperson shall swear under oath in an affidavit, to the best of such person's knowledge, that suchorder is presently in effect as written. Upon request by a law enforcement agency, the clerk orclerk-magistrate of such court shall provide a certified copy of the protection order issued by theother jurisdiction.

A law officer may presume the validity of, and enforce in accordance with section 8, a copy of aprotection order issued by another jurisdiction which has been provided to the law officer by anysource; provided, however, that the officer is also provided with a statement by the personprotected by the order that such order remains in effect. Law officers may rely on such statementby the person protected by such order.

Section 8. Whenever a law officer has reason to believe that a person has been abused orharassed or is in danger of being abused or harassed, such officer shall use all reasonable meansto prevent further abuse or harassment. Law officers shall make every effort to do the followingas part of the emergency response:

(i) assess the immediate physical danger to the victim and provide assistance reasonablyintended to mitigate the safety risk;(ii) if there is observable injury to the victim or if the victim is complaining of injury, encouragethe victim to seek medical attention and arrange for medical assistance or request an ambulancefor transport to a hospital;(iii) if a sexual assault has occurred, notify the victim that there are time-sensitive medical orforensic options that may be available, encourage the victim to seek medical attention andarrange for medical assistance or request an ambulance for transport to a hospital;(iv) provide the victim with referrals to local resources that may assist the victim in locating andgetting to a safe place; and(v) provide adequate notice to the victim of his rights including, but not limited to, obtaining aharassment prevention order.

Section 9. When considering a complaint filed under this chapter, the court shall order a reviewof the records contained within the court activity record information system and the statewidedomestic violence recordkeeping system, as provided in chapter 188 of the acts of 1992 andmaintained by the commissioner of probation, and shall review the resulting data to determine

whether the named defendant has a civil or criminal record involving violent crimes or abuse.Upon receipt of information that an outstanding warrant exists against the named defendant, ajudge shall order that the appropriate law enforcement officials be notified and shall order thatany information regarding the defendant's most recent whereabouts shall be forwarded to suchofficials. In all instances in which an outstanding warrant exists, the court shall make a finding,based upon all of the circumstances, as to whether an imminent threat of bodily injury exists tothe petitioner. In all instances in which such an imminent threat of bodily injury is found to exist,the judge shall notify the appropriate law enforcement officials of such finding and such officialsshall take all necessary actions to execute any such outstanding warrant as soon as is practicable.

Whenever the court orders that the defendant refrain from harassing the plaintiff or have nocontact with the plaintiff under section 3, 5 or 6, the clerk or clerk-magistrate shall transmit: (i)to the office of the commissioner of probation information for filing in the court activity recordinformation system or the statewide domestic violence recordkeeping system as provided in saidchapter 188 of the acts of 1992 or in a recordkeeping system created by the commissioner ofprobation to record the issuance of, or violation of, prevention orders issued pursuant to thischapter; and (ii) 2 certified copies of each such order and 1 copy of the complaint and summons -forthwith to the appropriate law enforcement agency which, unless otherwise ordered by thecourt, shall serve 1 copy of each order upon the defendant, together with a copy of the complaintand order and summons. The law enforcement agency shall promptly make its return of serviceto the court. The commissioner of probation may develop and implement a statewide harassmentprevention order recordkeeping system.

Law officers shall use every reasonable means to enforce such harassment prevention orders.Law enforcement agencies shall establish procedures adequate to ensure that an officer on thescene of an alleged violation of such order may be informed of the existence and terms of suchorder. The court shall notify the appropriate law enforcement agency in writing whenever anysuch order is vacated and shall direct the agency to destroy all record of such vacated order andsuch agency shall comply with that directive.

Each harassment prevention order issued shall contain the following statement:

VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.

Any violation of such order or a protection order issued by another jurisdiction shall bepunishable by a fine of not more than $5,000, or by imprisonment for not more than 2Y2 years ina house of correction, or both. In addition to, but not in lieu of, the foregoing penalties and anyother sentence, fee or assessment, including the victim witness assessment in section 8 of chapter258B, the court shall order persons convicted of a violation of such an order to pay a fine of $25that shall be transmitted to the treasurer for deposit into the General Fund. For any violation ofsuch order, the court may order the defendant to complete an appropriate treatment programbased on the offense.

In each instance in which there is a violation of a harassment prevention order or a protectionorder issued by another jurisdiction, the court may order the defendant to pay the plaintiff for alldamages including, but not limited to, loss of earnings, out-of-pocket losses for injuries sustained

or property damaged, cost of replacement locks, medical expenses, cost for obtaining an unlistedtelephone number and reasonable attorney's fees.

Any such violation may be enforced by the court. Criminal remedies provided herein are notexclusive and do not preclude any other available civil or criminal remedies. The court mayenforce by civil contempt procedure a violation of its own court order.

Section 8 of chapter 136 shall not apply to any order, complaint or summons issued pursuant tothis section.

Section 10. The records of cases arising out of an action brought under this chapter in which theplaintiff or defendant is a minor shall be withheld from public inspection except by order of thecourt; provided, however, that such records shall be open, at all reasonable times, to theinspection of the minor, such minor's parent, guardian and attorney and to the plaintiff and theplaintiff's attorney.

The plaintiff's residential address, residential telephone number and workplace name, addressand telephone number, contained within the court records of cases arising out of an actionbrought by a plaintiff under this chapter, shall be confidential and withheld from publicinspection, except by order of the court; provided, however, that the plaintiffs residentialaddress and workplace address shall appear on the court order and be accessible to the defendantand the defendant's attorney unless the plaintiff specifically requests that this information bewithheld from the order. All confidential portions of the records shall be accessible at allreasonable times to the plaintiff and plaintiffs attorney, to others specifically authorized by theplaintiff to obtain such information and to prosecutors, victim-witness advocates as defined insection 1 of chapter 258B, sexual assault counselors as defined in section 20J of chapter 233 andlaw officers, if such access is necessary in the performance of their duties. This paragraph shallapply to any protection order issued by another jurisdiction filed with a court of thecommonwealth pursuant to section 7. Such confidential portions of the court records shall not bedeemed to be public records under clause Twenty-sixth of section 7 of chapter 4.

Section 11. The chief justice for administration and management shall adopt a form of complaintfor use under this chapter which shall be in such form and language to permit a plaintiff toprepare and file such complaint pro se.

Section 12. The court shall impose an assessment of $350 against any person who has beenreferred to a treatment program as a condition of probation. Such assessment shall be in additionto the cost of the treatment program. In the discretion of the court, such assessment may bereduced or waived if the court finds that such person is indigent or that payment of theassessment would cause the person, or the dependents of such person, severe financial hardship.Assessments made pursuant to this section shall be in addition , to any other fines, assessments orrestitution imposed in any disposition. All funds collected by the court pursuant to this sectionshall be transmitted monthly to the state treasurer, who shall deposit such funds into the GeneralFund.

Approved, February 9, 2010.

PLAINTIFF(Complete if Plaintiff is under 17 years of age)

DEFENDANT(Complete If Defendant Is under 17 years of age)

Name of Plaintiff (person seeking protection) Name of Defendant (person accused of harassment)

IsPlaintiff under 17years old?

Yes 0 No

Is Defendant under 17years old?0 Yes NoMonth Date Year

Date of Birth

Month Date Year

Date of Birth

(Street)(Street) (Apt. No.)(Apt. No.)

(City)

) (Area Code) (Telephone Number)

(CM (State) (Zip Code). (State) (Zip Code)

) (Area Code) (Telephone Number) .

School Information Does the Defendant attend school?q Yes it Na

If yes, where does the Defendant attend school?

(Do net include parent's address if Plaintiff's address is heldconfidential from the Defendant)

School Information Does the Plaintiff attend school?0 Yes 0 No

If yes, where does the Plaintiff attend school?

NAME OF PERSON COMPLETING INTAKEDATE:

SUPPLEMENT TO COMPLAINT FORPROTECTION FROM HARASSMENT

COMMONWEALTH OF MASSACHUSETTS DOCKET NO.

TRIAL COURT DEPARTMENT

Parent Infonnation 1. Mother/Parent/Guardian:

.(First Name) (M. L) (Last Name)

(Street) (P.O. Box) (Apt. No.)

Parent Information 1. Mother/Parent/Guardian:

(First Name) (M. I.) (Last Name)

(Street) (P.O. Box) (Apt. No.)

2. FathedParentiGuardian:

(Firsmame) 0A, u (Last Name)

2. Father/Parent/Guardian:

(First Name) (M. I.) (Last Name)

(Additional Information)

(State) (Zip Code)(CRY)

) (Area: Code)(Telephone Number)

(City) (State) (Zip Code)

) (Area Code) (Telephone Number)

HMS (03115/2010)

SUBSTANTIVE DililERENCES BETWEEN G.L. c. 209A and G.L. c. 258E

Abuse Prevention Orders (G.1- a 2094 flara,ssrnent Prevention Orders (G.L c. 258g)

Jurisdiction • District Court & BMC• Probate & Family Court• Superior Court (except for dating relationships)

• District Court .& BMC• Juvenile Court (fboth parties under 17)• Superior Court

Venue • Plaintiffs residence• Plaintiff's former residence left to avoid abuse

• Plaintiff's residence

"Suffering harassment"EligibiliiVor relief "Suffering abuse"

"Abuse" is any of the following acts betweenfamily or household members:• attempting to cause or causing physical

harm• or placing another in fear of imminent

serious physical harm• or causing another to engage involuntarily

in sexual relations by force, threat or duress.

"Family or Household Members"• arc or were married to one another• or are or were residing together in the same

household• or are or were related by blood or marriage• or have a child in common regardless of

whether they have ever married or livedtogether

• or are or have been in a substantive datingor engagement relationship.

"Harassment" is defined as:• 3 or more acts-

• Each aimed at a specific personet Each was willful. and maliciousa Each was done with intent to cause fear,

intimidation,: abuse or property damagea Each did in Tact cause fear, intimidation,

abuse or property damage• or one act that "by force, threat or duress

causes another to involuntarily engage insexual relations"

• or one act that constitutes one of thefollowing:a Indecent A&B ona child c:265, §.13B)a Indecent MAI onumentally retarded person

(§13F)a Indecent A&I3 (§13H)• Rape (§22) or Statutory rape (§23)a Forcible rape.ofachild(§22A)• Assault withintent to rape :(§24)• Assault withintent to rape a child (§24B)CI Enticement of achild {§26C)a Criminal stalking (§43)a Criminal harassment (§43A)o Drugging for sexual intercourse (e. 272, §3)

"Abuse_" is:• attempting to cause or causing physical harm .

to another• or placing another in fear of imminent serious

physical harm.

"Malicious" is "characterized by enmity,hostility or revenge."

Eligibiftfor Substantial likelihood of immediate danger ofex parte relief abuse

Substantial likelihood of immediate danger ofharassment

Available relief Relief may include, but is not limited to:• Do not.abuse the plaintiff• Do not contact the plaintiff• Vacate and remain away from the plaintiff's

household, multiple family dwelling, andworkplace

• Pay restitution for directly-resulting losses• impounding information pursuant to court rules• Pay temporary support fortheplaMtiffandfor child• Temporary custody of a minor child• Surrender firearms, gun licenses and FID eards

Relief is limited to:• Do not abuse or harass the plaintiff• Do not contact the plaintiff• Remain away frorn the plaintiff's household or

workplace

• Pay restitution for directly-resulting losses• Impounding information pursuant to court rules

AM I ELIGIBLE FOR A RESTRAINING ORDER?

ABUSE PREVENTION ORDERS

You may request an. Abuse Prevention Order (a "209A Order") from a judge of this court if.

1. You and your abuser are or were:• married,• or residing together in the same household,• or in a substantive dating or engagement relationship,• or related by blood or marriage,• or you have a child in common;

2. and you are suffering from abuse because your abuser has:• harmed or attempted to harm you physically,• or put you in fear of imminent serious physical harm,• or caused you to engage in sexual relations involuntarily by using force, threat or duress;

3.. and you:• cur-fenny live within the geographical area of this court,• or used to livewithin the geographical -area of this court but you left to Mid abuse.

A judge may issue an Abuse Prevention Order without prior notice to your abuser if there isa Substantial likelihood of immediate danger of abuse.

HARASSMENT PREVENTIO:N ORDERS

You may request a HarassrnentPrevention Order (a "258E Orden from a judge of this court it

1. You are suffering from harassmentbecause:

• someone hascommitted 3 or more acts:ra that were willful and malicious,

74falicieusi means tharacterizatt bycruelty, hostifity otleuefige,

o and were aimed at you,o andwer•intooded to cause you fear,, intimidation, abuse otclarnageto.Property

'Abuse meariecausinscorettemptiug to cause physidat hankeausirigfeereffnuniaeattaitiOUstihySicathatin.

a and did in fact cause you fear, intimidation, abuse' or dama§t,t) property.;:

• or someone has caused you at least once to engage in sexual relations imroluritarilyby using force, threat or.duress;

• or someone has committed against you at least once an act that violates any of followingstatutes:General Laws, chapter 265, §§- 13B, 13F or 131-1 (indeeent assault and battery), 22 or22AVaPe),23 (statutory rape), 24 or 24B (assault with Intent to rape), 26C (enticing achild), 43 (criminal Standna),43A-(crimlnat harassment), or chapter 272, § 3 (drugging for sexual Intercourse);

2. and your currently.live within the geographical area of this court.

A judge may issue a Harassment Prevention Order without prior notice to your harasser if there Isa substantial likelihood of immediate danger of harassment

TRIAL COURT OF THE COMMONWEALTH

'COMPLAINT FOR PROTECTION FROM HARASSMENT""HARASSMENT PREVENTION ORDER"

INSTRUCTIONS FOR POLICE DEPARTMENTS AFTER COURT HOURS

When the.courtisclOted for business, any judge assigned: to the Judicial Response System may grant relief toe Plaintiff If the:Plainliffdemonstrates a aubstantiat likelihood of immediate danger of haratsment In theditcretion of thejusticei such relief Maybe granted. andcommunicated by telephone-to an officer or employee of an appropriate law enforcement agency, who.shall-recordsuch order on a formOforder promulgated for Such use.by The chief justice for administration and management andshall 'deliver a copy of such order on thenextcourt day to the clerk or clerk-magistrate of the court having venue and juriadiction over the matter." G.L. c.'258E, § 6

INSTRUCTIONS FOR USE OF THIS FORMS PACKAGE

This forms package has been promulgated by the Massachusetts Trial Court's Chief Justice'for Administration and Managementpursuant to G.L c. 258E, §§ 6 and 11 for use by police departments to record a Harassment:Prevention Order issued by a judge over thetelephone when the court is closed for business. Additional supplies &this forms package may be obtained from the Administrative OfficeOf the Trial Court at (617) 878-0322. Please keep any supplies of these forms under adequate security to prevent misuse.

1. COMPLAINT FOR PROTECTION FROM HARASSMENT. Itis preferable tahave the Plaintiff complete andsign the Complaint : formset, if the Plaintiff is able to do so ; before contacting a judge. Please print in :ballpoint pen .and .press hard:enough so- hat all:our parts(white, pink, yellow and white) are legible. There are instructions on the back of the form set to which the Plaintiff mayrefer.

Inappropriate circumstances, .a judge may issue an Order without the Plaintiff having completed andsigned.a written ComplaintIf thejudge:does so, please discard'the Complaint form set and advise the Plaintiff that G.L. c. 258E, §6 requires the Plainliffto appearin court on the next court business day to file such a Complaint

2. AFFIDAVIT. After the Complaint set has been completed and signed, separate the four parts from the form stub that holds themtogether. Turn over the original (white) part and ask the Plaintiff to describethe details of the harassment on the-Affidavit/oral printed'there. When the Affidavit is bornplete, please indicate by:our signature that yotthavemitnessedthe Plaintiffs signature on the Affidavit

In appropriate circumstances, a judge may diSpense with the need for en AffidaVit If the:judge dies so; leave theAffidavit formblank.

3: PLAINTIFF CONFIDENTIALINFORMATION FORM. Ask-the Plaintiff to compiatethaPlaintifICOnfidentialinformation Fern Seatthat'form irranenverlepernarked "OLADMFF'SAWRESS-,-tONFIDENTIAL."

4. =DEFENDANT INFORMATION FORM. Provide the Plaintiff with the Defendant-Information Form. andask thePlairitifile complete itto the best-Of his other ability.

-111ARAS.SMENTPREVENTIONORDER. ReadorsurnmarizetheComplaintand Affidavit overthetelePhone:aeregUestedbythajudge.Please införnythe judge if the Plaintiff does not want his or her residencie -and - workplaceadOressesidappearinthe court Orcletandthereby to be disclosed to the Defendant If the judge iSsues an Order, please aompletetheHaratsMentflreventionOrder -forra _setitem by item, as the judge directs. Print in ballpoint pen: and press hard enough's* that all sixparte(white, pink, yellow, blue.greenandwhite) are legible._ Leave the space for "Docket No." blank. but enter the name andeddress of.the court whereat !judge makeathe.Orderreturnable. Print your. nameand police department. and print the name of theludge IssuingtheOrder, In theeppropriate spaces.At the bottom left of the Order, print the name of the `First or Chief Justice' as indicated by the .issuing: judge. Leave NOM the. spacewhere the clerk-magistrate may attest the Order.

6. COLLATING AND DISTRIBUTING COPIES. Separate the six parts of each page of the Order form setfrom the form stub that holdsthem together. If the Plaintiff has completed.the Complaint form, match up and ateplelogether the copies of the Complaint form.withthe-matching color copies of the Orderform: the white (Court) copies, the pink (Plaintifts).copies,lhe yellow (Defendente).00pies, andthe white (Probation) copies.

Give the puck copies of the Complaint and Order to the Plaintiff.Deliver the white (Court) copies and the white. (Probation) copies of the Complaint and Order on the next businessdayto.the.

clerk-magistrate of the court where the Order is returnable, along with thee' Plaintiff Information Porn In a sealedenvelOpe and the Defendant Information Form.

Arrange for the yellow copies of the Complaint and Order tobe. served on the Defendant as soon as possible. Ilse/vice on theDefendargoarmot be made before the date and time of hearing shown In the Order, eerviceofadditiOnal Orders-maybe necessary.

The two remaining copies of the Order are for police use; the blue copy of -the Order is for your records; the green copy of theOrder may be used for the return of service that must be filed with the Court.

lA-S (5/10)

COMPLAINT FOR PROTECTION FROM HARASSMENTG.L. c. 258E

DOCKET NO' ff"wurt use *11WMassachusetts Trial Court

A q BOSTON MUNICIPAL COURT j

q DISTRICT COURT 0 JUVENILE COURT D SUPERIOR COURTDIVISION

B

NAME OF PLAINTIFF (person seeking proreoffon) NAME OF DEFENDANT (person acousodof harassment)

C

I: am: q 18 or older q 17 0 16 or younger

The Defendant is: n 18 or older q 17 0 16 or younger

o i am under the age of 18 and .

Are there any prior or pending- actions between the plaintifflnd the

defendant? q NO q YESIf so, Nst court type of case. date and doCket no. (if available)

my (retasonship to Plaintiff),

has filed-this Complaint for me., .

D

I - SUFFERED HARASSMENT WHEN:

.q on or about (dates) the Defendant committed a or mereacts of willful and malicious conduct aimed at me which were committed with the intent to cause fear, Intimidation,abuse Or damage to property and did in fact. cause fear, intimidation, abuse or damage to property.

q on or about (date) the Defendant by force, threator duress caused me toinvoluntarily engage in sexual relations.

q on or about. (date) . the .Defendant committed against mean act.thatconstitOtesaviolation of- one of the following statutes: G.L. c. 265, §§ 1313, 13F or 13H (indecent assattit andbattery),.22-or 22A(rape), 23 (statutory rape), 24 . or 24B (assault with - intent to rape), 26C-(eriticinga-Ohild),43 (criminal-stalking) or 4-3A.(criminal .harastment) yor GI. c. 272, § 3 (drugging-for sexual intercourse).

E

THEREFORE, I ASK THECOURT:

q 1. to order the. Defendant not to abuse me by physically harming•e, attempting-to physioally-haimme,.orplacingme inlear of imminent serious physical harm, and to stop.'harassing- me r(1) - by any willful and malicious-conductaimed at Me and intended to cause fear, intimidation, abuse or darnag•to. property, or(2) -by-using-fer4e; threat -or duress to.make me engage in sexual relations unwillingly, or (3) by cortatittingagainst.meanr actthatconstitutes a violation of any of the f011owing Statutes: G.L. d. 265,:§g. - 105:, lay - Orl3H -f(indecentassauttendbattery), 22 or 22A (rape), 23 (statutory rape),. 24 or 24B (assault, with intenttompe),28C (enticing a ChM,.43 (criminalstalking) or 43A (criminal harassment), or G.L. c. 272, § 3 (druggina for sexuatintercourse).

0 2. to order the Defendant not to contact me, unless authorized to do so by the Court.

q 3. to order the Defendant to remain away from my residence (as listed on the PLAINTIFFOONFIDENTIAL INFOMWATIpNiptiTO.

O 4. to order the Defendant to remain away from.my workplace (as listed on the PLAINTIFF CONFI4ENTIALINFORMA779Nttni),

0 5. to order the Defendant to pay me $ in compensation for the following- losses sufferedas a direct.result of the harassment:

ID 6. to order the relief I have requested, except for compensation for losses suffered, without advance notice tattleDefendant because there is a substantial likelihood of immediate danger of harassment. I understandthat, rateCourt issuessuchatemporety Order, the Court.Will schedule as heating within' 10 court business days todetermine - whether such a temporary Order should be continued, and t must appear in court on - that day if I wishthe Order to be continued.

Please complete the AFFIDAVIT on the reverse of this page,'the PLAINTIFF CONFIDENTIAL INFORMATION forth,

and the DEFENDANTINFORMATION form.

DATE PLAINTIFF S SIGNATURE'

x

This is a request fora Civil Ogler to PrOted the Plaintiff tram future abuse or harassment Inc actions of the Defendant may also constitute a crime sehieet to diming'penalties. For inforniatfon about filing a criminal complaint, you may talk with the District Attothey's. Office. for the location where -thealleged harassment occurred.

MA-1 (5110)

AFFIDAVIT

Describe in detail the most recent incidents of harassment If the harassment consisted only of conduct :

that was willful and malicious but was not a violation of the listed. criminal statutes, you must desctibe atleast 3 separate incidents of such harassment The judge requipas asmuch information as,possible, suchas what happened, each person's actions, the dates, locations, any injuries, and any medical' or otherservices sought Also, descnbe any history of harassment, with as much of the above detail as possible.

On .or about , 20 , the Defendant

1 f ramp apace is needed, attach additional page„.Tand check this box: •I declare under penalty of perjury that all statements of fact made above, and in any additional pages attached, are true.HATE SIGNED PLAINTIFF'S SIGNATURE

X

WITNESSED BY

X

PRINTED HAW OF WITNESS TITLE/RANK OF WITNESS

INSTRUCTIONS TO THE PLAINTIFF

HARASSMENT PREVENTION ORDERS

Under Massachusetts General Laws chapter 258E, people who have suffered harassment may ask a judge to i$Stre an Orderto: protect them from further harassment or abuse. These Orders will be recorded and enforced by law enforcement agencies.They are commonly called "Harassment Prevention Orders" or "Restraining Orders" or '258E Orders." In any emergency thatoccurs after court hours or on weekends, you may ask your local police to put you in contact with a judge.

YOU MUST COMPLETE 4 FORMS:1. COMPLAINT FORM

TO request a Harassment Prevention Order, youmustfill out a Complaint form and other appropriate forms.. Therels.no.filing fee. You are -the "Plaintiff! The person who you allege has harassed you is the `Defendant" Pleaseprintin balipointpen andpreas -hard enough so thatallfour.parts are legible.

thet party !slender f8. You are asked to Indicate on the form whether you and the Defendantareunder 18 yeers.of agebecause - the.law provides that if Either you or the: Defendantis under the age of 18, such °saes are.notopento•pahlit inspection and are: onlytolfre Plaintiff, the Plaintiff's attorney, the person under. 18 and his or her parent, guardian and attorney.

Other prior or pending actions. If there are any prior or pending actions in any state or country between you and the Defendant, pleasebring any legal papers you have from such actions with you to the courthouse.

Financial compensation. You may request thata judge order the Defendent to compensate. youforanyfinanciallossessufforedas.adirect -reSUlt of the harassment These may include; but are not limited to, lost earnings, out-of-pocket losses for injuries.stiStairteder propertydamaged, the costs for replacement of [oaks, medical expenses, or obtaining en unlisted phone nurnber, and reasonable.attorneysieee.

2.. :AFFIDAVIT

When you have completed the Complaint form, turn over the first (white) part and fill out the affidavit On.the back Describe the details:Ofthe harassment. If the harassment' consisted only of conduct that was willful and Malicious but Was not a vicifition ofthe criminal statuteslisted oaths front.of the. you must describ,e at least .3 separate incidents of such harassrnentto be efigiblefora HarassmentPrevention Order. Fill out the affidavit even if you are requesting relief after court hours Unlessa judge directs otherwise,

3.. PLAINTIFF CONFIDENTIAL INFORMATION FORM

YoU must also fllouta Plaintiff Confidential Information Form, which lists, your address, telephone number, and related inlbanation: TheInformation inthis,form is congdential and thisfOrrn is not available'to the public, the defendant or the defendant's attorney: : Except with aiudge's permission, this form is available only to you to your attorney, to those you authorize to have;ac s, and to cerldinpersens whenaccess is necessary In the performance of their duties (prosecutors, law enforcement officers, viintim-witness advocatesand .isexuatassaultcounselors).

However, if you request that the defendant be ordered to remain away from your residence or workplece...addresses,,thoseaddresses will appear In thecourt Order. They will not be available to the public big they Will be ditclesedlo the dellandant, If youdo not want those addresses taappear in the court Order and thereby be disclosedlothe- Defendant you should specifically requestthatthey be omitted from the court Order.

If yeu have good reasons why your addresses or other confidential information in this case should not be - diselosed to these Who worldotherwise have access in the course of their duties (prosecutors, law. enforcement officers; victim-witness advocates- attd:aexual assaultcounselors), you may file a Motion for Impoundment under Trial Court Uniform Rule VIII on IrnFioundment Procedure.

Other court records of this matter will generally be open to public inspection. You may also-file a Motion for Impoundmentif you.frave:goodreasons to ask a judge to keep other parts of the court record from public inspection. Usually a : preference for priVACNAS notalonea.sttfflcient reason- for a judge to Impound court records from public -inspection.

4. :DEFENDANT w igg•mimm

The Plaintiff must-also fill out the Defendant Information Form. Please provide the requested information to the best of your ability in orderto Identify the Defendant and where the Defendant can be found. If an Order is issued, this infortnation will be used by laWeriforcement&kers to locate the Defendant to deliver the Order.

HARASSMENT PREVENTION ORDERj COCKET NO.

G.L. , 258EO. Massachusetts Trial CourtPLAINTIFFS NAME COURT NAME & ADDRESS

DEFE DANIS NAME AND ADDRESS ALIAS, IF ANY

DATE OF BIRTH SEX

CI Male 0 FemalePLACE OF BIRTH MOTHEIRS MAIDEN NAME (FIRST & LAST)

SOCIAL SECURITY NO. 'DAYTIME PHONE NO. FATHERSNAME (FIRST & LAST)

VIOLATION OF THIS . ORDER IS A CRIMINAL OFFENSE punishable by imprisonment or fine or -both.

A.n

THE COURT HAS ISSUED THE FOLLOWING ORDERS TO THE DEFENDANT: (only those items checked shell apply)This Order was issued without advance notice n This Order was communicated by telephone from the Judge namedbecause the Court determined that there Is a below to:substantial likelihood of immediate danger ofharassment Police. Dept Police Officer

El 1. YOU ARE ORDERED NOT TO ABUSE. THE PLAINTIFF by harming or attempting to harm the Plaintiff phyeically orby plaCing,thePlaintiff in fear of imminent serious physical harm. YOU ARE ALSO ORDERED NOT TO HARASS THE PLAINTIFF (it) by anywillful and Malicious conduct aimed at the Plaintiff and intended to cause fear, Intimidation, abuse or damage to property ;. or (2)byusinglorce, threat or duress to make the Plaintiff engage in sexual relations unwillingly, or (3) by committing any of the following:indecent assault and battery, rape, statutory rape, assault with intent to rape (GI.. c. 265, §§ 13f1, 13F. 13H, 22, 22A, 23, 24, 2413),enticing a child (§ 260), criminal stalking (§ 43), criminal harassment (§ 43A), or drugging tdr sexual intercourse (G.L. c.:272, §3).

q 2. YOU ARE ORDERED NOT TO CONTACT THE PLAINTIFF either in person, by telephone, in writing;orotherwise, either directly - orthrougheomeone else, and to stay. at least yards from the Plaintiff even if the Plaintiff seems to allow or request:Write :etThe only exception to thissOrder is that you may send'to the Plaintiff by mall -or by sheriff or other authOrized officer coptes-.0tpppersfiled with the court,when that is required by statute or court rule.

0 3. YOU ARE ORDERED TO REMAIN AWAY FROM - THE PLAINTIFFS RESIDENCE located.at

and wherever.else you have reason to know the Plaintiff may reside.

q If this boX IS:checked, you are also ORDERED to remain away from the entire apartment building er other multiplelarnilydwelling in which the Plaintiffs residence is located_

: q 4 ._ YOU ARE ORDERED TO REMAIN AWAY FROM THE PLAINTIFFS WORKPLACE located at

and wherever else you have reason to know the Plaintiff may work.

q SI YOU ARE ORDERED TO:COMPENSATE THE PLAINTIFF for $ In losses suffered as a dirett re:Suit Of the harassment,to be paid in full on or before , 20 ID by mailing directly to the Plaintiff. El through the Court.

q ,6]

B. NOTICE TO LAIN ENFORCEMENT1. An appropriate law enforcement officer shall serve upon the Defendant in hand a copy of the Complaint and a certified copy of this

Order (and:Summons) and make return of service to this court. If this boX is checked q Service may instead be made by leavingsuch copieS at the Defendant's address shown above but only if the police officer is unable to deliver such copies in hand to theDefendant.

' 2. Defendant Information Form accompanies this Order. q 3. Police reports are on file• at the PA).q 4. Outstanding warrants for the Defendants arrest: PCF No. Docket No(s).0 5, An imminent:threat exists of bodily injury to. the Plaintiff. P.D. notified by C:3 telephone Pother

DATE- OFTiiieortOta - TIMF OF THIS ORDER0 A.M.0 P.M.

- EXFIFtATIoN DATE OF THIS:ORDER

at 4 PM.

SIGNATURENAME OF JUDGE

X-HEARING DATE

at Cl A.M. I3 P.M. in Courtroom

FIRST OR CHIEF JUSTICE

WITNESS:

A TRUECOPY

ATTEST:

C•ERK"MAGISIIINTWASST, a .

X

The ° , o, ma afar et achedulaci hearings, or this Order livai expire. The Daraudearmaysppear, whh arnfrhOutaa arronler00 onposreanYarAferlSkaa OritiOilkshOhorthisOrder. eh* Defendant does not appear, the Order may be extended ormodirled os determined by the Judge. For OW vacua, either the Araintill or Env Defeatient may requesttheCourt kitnochTythis Onierherote Hs scheduled **heti= date. NOTICE TO DEFENDANT: 'the Plaintiff 13 yoor spoose or tomer SpOtise, or you are the porent of* chfidor thePlefeliNor, you cohabit'orhavg sstiehiTed with the Plaintat the purchase andlor possession of 0 "Mann anclioramMunitian while this Order isle effect is a federal aim =bled to-SOltsit ..Iitlf.S.C...922.1gel_............._._____._................_...........

e"-tXsePtion and 925,)

TO ANY OFFICER OF THE POLICE DEPARTMENT TO WHICH THE COURT HAS DIRECTED THIS ORDER:

PURSUANT TO G.L c. 258E, §§ 8-9, THIS ORDER SHALL BE ENFORCED BY ANY LAW ENFORCEMENT OFFICER INTHE.COMMONWEALTH WHO IS AWARE OF, OR SHOWN A COPY OF, THIS ORDER. IF SERVICE ON THE DEFENDANTHAS. NOT YET SEEN MADE, ANY LAW ENFORCEMENT OFFICER SHALL ADVISE THE DEFENDANT OF THE TERMS OFTHE ORDER AND THEN SHALL ENFORCE IT.

The YELLOWCOPY of this Order must be served on the Defendant immediately. Please return the GREEN COPY of this Order to theCourt withyour return of service prior to the next scheduled hearing date, or new service may be required. The BLUE COPY of this Order is fOr your records.

IThenever a taw officer has reason to believe that a person has been abused or harassed or Is In dange re being abused or harassed, such officer shell use alltoosonatle moans to.Prosoot fildhoFabdatvar herassment. Law officers shall make every effort to clothe following ash part ofthe emergency response:(i) assess the ImInediate.phytikaJ danger to the victim and provide assistance reasonably Intended to mitigate tha safety task:tiO'VeigrelsVbservabls IllJutYtathevicum °rifts victim Is complaining of Injury, enoouragethe victim to sotikmadical attention and arrange forme:116rd assistanceor -request en ambulance for transport to a hospital;(AI). if a sexuatitssaulthaeoccurted, notify the +Actin, thatlhere are time-sensitive medical or forensic options that may be available, encourage the victim to seekmedical attention and arrange 'ter medical assistance or request an ambulance for transport to a hospital;(lv) provide the victim with referrals to local resources that may assist the victim in locating: getting to a safe place; and(v) provide adequate notice to the victim of his rights including,' but not limited to, obtaining a harassment preVention -order.

'Upon receipt ofinformagon that an outstanding warrant exists against-the named defendant, eledge shall order that the appropriate law enforcement officialabenotified endshill.ordertat any information regarding the defendant's most recent whereabouts shall be forwarded tosuCh Offitials: In at instances in Whiehenoutstanding warrant exists, the court shallMake a 'finding; based. upon all of the circumstances, as to whether arr irnminent threat of bodilyinjuryekistsi to thepetitionecinalt:Instancesiriwhichsuctr an imminent threat of bodily injury Is: to exist.thajudgeshall netifytheappropriate onforcernentefficialeoftuchfinding and such officialsshall take all necessary actions to-execute any such outstanding warrant as soon ss is practicable.

lAtheneverthe court ordersthatthe defendant refrain from harassing the plaintiff orhave no contact with the plaintiff:.. ,.. the clerkorciedr-rnagistrateehalltian.smit.. 2 certified copies of each such order and 1 copy of the complaint and summons-forthwith:to the eppropnateimvsenforcement agency will*: onless-pthenriise

ordered: by shale serve 1 copy of each order -upon the.defandank MotherWith Copyof the complaint and order and summons. The le.Venforcementagency shall' pnomptlymakelts return Of-service Wine court ....

"[Awl:officers shall use everyreasonable means to enforce such harassmentpreventionordeM.:Law enforcementegenciee shall establish procedures adequateto ensure that an officer on thescene of snelleged violation of such order may be:Informed of the existence and terms of such order.•

G.L. c.256E,0 -13 & 9

RETURN OF SERVICE

1 certify that I have served a copy of this Order on the Defendant named In this Order by:

0 delivering a copy in hand to the, Defendant

0 leaving a copy at the Defendants last and usual address as shown in this Order.

q Other (specify)

q 1 was unable to make service because

DATE & TIME OF SERVICE SIGNATURE OF OFFICER MAlONG SERVICE

X

PRINTED NAME OF OFFICER MAKING SERvICE TITLE/RANK POLICE DEPARTMENT

ATENc6N: EsTE ES UN AviSO °prom. DE LA CORTE- SI USTED NO SAGE LEER [WILES. OSTENGA UNA TRADUCCION.ATTENTION: OECI EST UNE ANNONCE OFFICIATE Du PALMS DE JUSTICE. St VOUS ESTES INCAPABLE DE LIRE ANGLAISE, OSTENE2 LINE TRADUOTtON.ATTENZIONE: IL PRESENTS E UN AvvISO UFFICIALE DAL TRII3UNALE, SE NON SAME LESSEM IN 'Rowse, OTTENETE UNA TRADUZIONE.ATENCAO: ESTE'EUM AVISO OFICIAL DO TRIBUNAL. SE NU) SASE LER !Nina. °SIENNA UMA TFrADUQZ0.Lark DAY LA Tai8NG SAO CHINN III& 06A TOA.,riN, NEU SAN KHONG DOC 1:146C TliNG:ANK MAT Tlk NGIBI opt NO.

441<dii,q4a,Uttel- *14141% 4:344,5kgi&lk tfalgic


PURSUANT TO GI. C. 258E, §§ 8-9, THIS ORDER SHALL BE ENFORCED. BY ANY LAW ENFORCEMENT . OFFICER INTHE COMMONWEALTH WHO IS AWARE OF, OR SHOWN A COPY OF, THIS ORDER. IF SERVICE ON THE DEFENDANTHAS NOT YET BEEN MADE,ANY LAW ENFORCEMENT OFFICER SHALL.ADVISE THE DEFENDANT OF THE TERMS OFTHE ORDER AND THEN SHALL ENFORCE IT.

The YELLOW COPY of this Order must be served. on the Defendant immediately. Please return the GREEN COPY of this Order to the Court withyotw return of service prior to the next scheduled hearing date. or new service may be required. BLUE COPY of this Order is for your records.

*VOlieneYer a law officer luse reason to believe that a person has been abused or harassed or is in danger of being.abused or haraSsed, such officer shall use allreasonable means to prevent further abuse or harassment Law officers shall make everyetfottto Orr the foliowing as part of the emergency response:@ arse.% the immediate physical'danger to the victim and provide assistance reasonably intended to mitigate the' iefety elet(ii) if there is observable uai rytethe victirnorifthe victim is complaining of injury, encourage thevictiinto seek medical attention and arrange.for medical assistanceor request an ambulance for transport to a hospital;(tii) sexual.assault has occurred, notify the victim that there are time-sensitive medical or forensic options that may be available, encourage the.victim to seek.medical attention end arrange for medical'assistance or request an ambulance for transport to a hosgithl:(iv) proilde the victim With referrals to local resources that may assist the victim in locating and vetting teo.safe place; and(v) provide adequate notice.to thevictim of his rights including, but not limited'to, obtaining a harassment prevention order.

upon regelpt of Infarrnalkipthat an outsranding.warrant cadets againstta nailed defendantejectgeehati orderthatthe appropriate law enfonoomentofficialtr benotified order that anyinfOrmation regarrtingthe.defendarrfs most reoentivhemstratits Shall bildnitoded Ib'suidrioffiCials. fn 01 Inatericeith uthibhenoutstanding lop Itiret Odds. the sourtshall make a finding, basethopon alt of thecirturnetences. as to whether thtlitithinenftl ►mat of%bodgibCptOteristipto. thepatitioner.:Inarifnahrowainwnich such an immlnentihreatotbodlyinfury isfound to theludgeshati notifytheapproPriatelavrenforcethentoffizialaof suchfinding and such Officials shall take all necessary actions to execute any such outstanding warrant as seen .sis is pracfreibre.

`Whenever the coudorders thatthe defendant refrain from harassing the plaintiff or. have no contactwith the laintiff. . thecterkorsierk-magiatrate;shalltransmit, 2:certified copies- of each such order and copy of-the compraint and summons ferthwithlotheappropriatelawSidOreanientagenOyWhick.unfaikotherwise

ordered by the court, shall serve. 1 copy of each order upon the defendant` together via' . a copy of the complaint' ddlOnder andauihmens The laW. thiferterrientagency shall prOrriptlY make its return of service to the court ....

"Law °Mem:shall use every reasonable:means JD enforce such harassment prevention orders. Law enfortementegencies shall eStahlishprocedures,adequarato. ensure that an officer on the scene of an alleged violation of such order maybe informed' of the existence,add farina of such order?

G.L. 258E.; &

ATENCti5N; ESTE ES UN AVIS° ORVAL OE LA CORTE. SI WED NO SAGE LEER INGLES. OETENGA -UNA TRADLICC4N,ATTENTION: CE9I EST UNE ANNONCE OFFIOIALE DU PALA* DE JUSTICE. SI VOUS ESTES INCAPABLE DE UNE ANGLAISE. OBTENeruNe TRAOUCTION.ATTENVONE: tt PRESENTE EUN AVvISO UFFICIALE DAL TRISUNALE. SE NON SAPETE LEGGERE IN MISUSE, OTTENETE UNA ThADIRIONE,.ATENOXil ESTE 1 UNI AVISO OFICIAL DO TRIBUNAL; SE N-Ao SASE LER INGLEE, OBTENNA TRADI.VO.ttlb-1; DAY a IlleiNG CHriVir THLIC CtJA TaAAN. Ng!) BAN ItHONG 0446 Darq TrINO ANN, NAY Ttill NG& DOH HO.

14:144,71- Ri44, -401401tfotatil •

DEFENDANT INFORMATION FORMAS PROVIDED BY PLAINTIFFaL c. 209A or G.L. c. 258E

DOCKET NO. (forcoutt use onl3,)

Massachusetts Trial Court

This information is requested to help police to identify and locate the Defendant in order to serve the Defendant with a copy of any restrainingOrder that is issued_ Please provide as much information as possible.

DEFENDANTS NAME DATE OF BIRTH

OTHER NAMES USED BY DEFENDANT, IF ANY PLACE OF BIRTH

MOTilEITS MAIDEN NAME (FIRST & LAST) FATHER'S NAME (FIRST & LAST) SOCIAL SECURITY NO.

SEX

CI MALE

I RACE EYES HAIR HEIGHT MIGHT PHOTO AVAILABLE? (Veryhe101bl trip)

D YES 0 NOEl FEMALE

BUILD OTHER PHYSICAL CHARACTERISTICS (beard, glasses, sears, tattoos, complexion, halistyle)

DEFENDANTS HOME ADDRESS (NO. STREET, CITY, STATE. ZIP) DEFENDANT'S HOME TELEPHONENO,

APT NO. FLOOR NO. NAME ON DOOR/MAILBOX DOES DEFENDANT UNDERSTAND ENGLISH? q YES q NO

IF NOT, WHAT LANGUAGES?

DEFENDANTS EMPLOYERANORKPLACE WORK TELEPHONE NO.

WORK ADDRESS (NO, STREET, CITY. STATE, ZIP) TITLE

DEPARTMENT WORK HOURS

OTHER PLACES DEFENDANT MAY BEFOUNCI (Mends, bars, relaaves, hangouts) BEST PLACE TO FINLIDEFENDANT

MOTS-VEHICLE LICENSE PLATE YEAR MAKE MODEL COLOR BEST'TIMESzTO`FINI)2DEFEt,ib‘AN .1-

DOES DEFENDANT HAVE: (describe very briefly)

A history of violence toward police officers? n NO q YES

A history of using/abusing drugs or alcohol? 0 NO q YES What kind?

Access to guns, a license to carry, or possess a gun? q NO q YES what kind?

Psychiatric/emotional problems? q NO 0 YES What kind?

,....,ANY OTHER INFORMATION WHICH MIGHT BE HELPFUL IN LOCATING THE DEFENDANT

DATE SIGNED PRINT PLAINTIFF'S NAME PLAINTIFFS SIGNATURE

X

PLAINTIFF CONFIDENTIAL INFORMATION FORMG.L. c. 209A, § 8 or G.L. c. 258E, § 10

This form should be sealed in an envelope

DOCKET NO. (for Wart use Ontyl

Massachusetts Trial Court 1 )N..../

marked "PLAINT{Frs ADDRESS — CONFZENTIAC,

PLAINTIFF'S NAME

PLAINTIFF'S RESIDENTIAL ADDRESS PLAWMFFSRESIDENTIAL TELEPHONE:NO.

if thia.ia an apartment building Grottier multiple kunllydwelfing. cheek here n

ANY FORMER ADDRESS PLAINTIFF HAS LEFT TO AVOID ABUSE (for G.L. c. 209A abuse prevention cases only)

NAMEOF PLAINTIFF'S WORItPlACE

ADDRESS OF PLAINTIFFS WORKPLACE PLAINTIFFS WORKPLACE TELEPHONE NO.

NAME OFPLAINTIFF'S SCHOOL

ADDRESS OF PLAINTIFF'S SCHOOL

PERSONS AUTHORIZED BY PLAINTIFF TO HAVE ACCESS TO THIS CONFIDENTIAL INFORMATION

nip FORM IS CONFIDENTIAL ANOIS NOT AVAILABLE TOTHE PUBLIC, THE DEFENDANt gormilpFgtomills*T-00my.Except with a jUdge's permission, this form is available only to you to your attorney, to thOse ytki atIthbike to hivOi4thossoewoove.),andto certain persons when access is necessary In the performance of their duties (prosecutors ., law.enTogiernent, OffiCele;•vidim-WiliketSadOcates, sexual assault counselors and, in GI. c, 209A cases, domestic violence counselors).

IF i/OUDGE ORDERS THE DEPENDANT TO REMAIN AWAY FROM YOUR FtESIDENCEORWORPLACE. THOM SSE TILLAPPEAR IN THE COURT 'ORDER. THEY WILL NOT BE AVAILABLE TO THEPUBLICatrr THEY TWILL BE DISCLOSED TO THEDEPENDANT. if you do not;want thote addresses to appear in the court Order-and therebtbotlittiosed tothetrefeadahte youshOOld speolfleally:rensest that they be omitted from the•eurt Order.

if yO0 and the Defendant ate both over 18, other court records of this matter will generally be. .open to•pubilOinspection. If you haVegtiodreasons to ask a judge to keep other parts of the court record from public inspection, ask-the Cleysk'S or Registers ENO IP .OViein :hOw=t0 •

fileoMotion for Impoundment underTrial Court Uniform Rule VIII on Impoundment Procedure. You may altotia.aMottOrrfOrIMPOUndenerit -

if you have good reasons why your addresses-or other confidential information in this casershOuld , notbe diectosedlo thoSewhoWoUldotherwise have access. In the course of their duties (prosecutors law enforcement officers, viOtim-Withatt adVetetek sexual &War*counselors and, iri G.I... c. 209A cases, domestic violence counselors). Usually, a general preferance•for privacy is not Worse sufficientreason for a judge to impound court records from public inspection, .

If either you or the Defendant are under 18, other court records of this matter will not be open tO public inspettion, and willibeaysilable onlyto yOu and the Defendant, and to your attorneys. They will also be available to the parent or guardian ofAily party who :it under*.

DATESIGNED PLAINTIFFS-SIGNATURE

X

,COMPLAINT FOR PROTECTION FROM HARASSMENT

G,L. c. 258EDOCKET Na (kir mud

use ctnlY) Massachusetts Trial Court

A 0 BOSTON MUNICIPAL COURT q DISTRICT COURT nr:1 JUVENILE COURT CI SUPERIOR COURTDIVISION

B

NALI1E OF PLAINTIFF (parson seeking proteollon) NAME OF DEFENDANT (person accused a lratessment)

C

I am: q 18 or

The. Defendant is: ©18 or

0 I am under the age of 18my

or younger

or younger

,

Are there any prior or pending actions between the plaintiff and the

defendant? q NO 0 YESif so, fist cowl, type of ease, date end docket no. (if available)

older n i i Die

older 0 17 q 18

and(relationship to Malan?),

has filed this Complaint for me.

D

I SUFFERED HARASSMENT WHEN:

0 on or abotit (dates) the Defendant committed 3 or moreintimidatiOn,

to property.

duress caused me to

mean act that constitutes a.and.battelAU—W2A(i minal stalking) or -46A

acts of willfuland malicious conduct aimed at me which wereabute Or damage-to pmpertyand did in fact.cause fear, intimidation,

0 on or .about (dO) the Defendant

committed with theintentiocausefear„abuse or damage

by force, threator

committed, against ,13F or 48.F1 (indecent essaillt

26C (enticing a child).,:43intercourse).

involuntarily engage in sexual relations.

CI on or about (date) the Defendantviolation of oneof the following statutes: GI. c. 265, .§§ 13B,(rape), 23 (statutory rape), 24 or 24B: (assault with intent to rape),(critninal harassment), or G.L. c. 272, § 3 (drugging for sexual

E

THEREFORE; I ASK THE

0 1. to order the Defendantme in fear ofimminentaimedet me arid interidetftO

constitutes a violationbattery); 22 or ,IA43 (criminal stalking),or

0 2. to ordertheDefendant

0 3. to order the Defendantto

El 4: to order the'Deferident

a 5. to order the: Defendantresult of the harassment

or daresStem4Keme , eogage,in.sokual

COURT:

not to abuse me by physically harmingserious phytical harm, and to stop

Cause fear, intimidation, abuserelations unwillingly,

of any of the folldWing:Statutes: G1.-C.-(rape), 23 (statutory- rape), 24 or 24B

43A (criminal harassment), or GI.

notto contact me, unless authorized

remain away from my residence

to remain away from my workplace

to pay me $ in compensation

me, attempting to physically harm mei - or•piaang,harassing me (I)byanyWillfutandrnatiOopscondua

or darnaga to property, or (2) by tira4tOree;:iSreatApe,I.) brooMMittinagainst ti -re*iathlit265,- -g ,t3a,. flvoi. 13H (indedot:as-Ad:and

(assaultWith ,Intenttoorape),160 (ending:Athird),p. 172,.,6:3 (droaelt3g*t sexual inteMairs.0)-to tloso by tine :Court.

(as listed on the PLAINTIFF CONFIDENDAL INPORAE4TiON fonts),

(es fisted on (he PLAINTIFF CONFIDEetnAL INFORM4P0,4 fOrM):

for the following lossessuffensd-asa direct

0 6. to order thereller thave requested, except for compensation for losses suffered; without advance netioetote •

Deferidantbecause there is a substantial likelihood of Immediate danger of harassment. I understartifthat• if theCourt issues suave temporary Order, the Court will schedule a hearing within %Court business daYttodetermine whether such alemporaly Order.should be continued, and I must appearin court ort -that; day if I wishthe Order to be continued. .

Please complete the AFFIDAVIT on the reverse of page,the PUVICIFF GDOVIENFIALINFOROATIONIINTD,

and the DEFENDANTINFORRWDON form;

DATE PLAINTIFF S SIGNATURE'

x

This ts. request fora obit order to pittectibe Plaintiff from future abuse or harassment The aottons:of the Defendant may also constitute a Tairne,subinot;Matrnmai •penalties. For Information aboutfirmge.odminat complaint, you mayltalkwith the District AltomaYereke for the IGCOOrk Ythere the alleged toeFeeSthenteallged

(511'b)

AFFIDAVIT

Describe in detail the most recent incidents of harassment If the harassment consisted only Of conductthat was willful and malicious but was not a violation of the listed criminal statutes, you must desdnbeitleast 3 separate incidents of such harassment Theludgerequires as much informeron as posSiblei.Sachas what happened, each person's actions, the dates, locations, any injuries, and any medical or otherservices sought Also, describe any history of harassment, with as much of the above detail asposSible,

On or about . 20 . the Defendant

if more space is needed, *Inch•addbonat( Awn end ~Mbar 0

I declare under penalty of perjury that all statements of fact made above, and in any Additional pees attaotted, arertnae.DATE SIGNED PLAINTIFFS SIGNATURE

X

WITNESSED BY

X

' PRINTED NAME OF WITNESS TITLEIRANK OF WITNESS

INSTRUCTIONS TO THE PLAINTIFF

HARASSMENT PREVENTION ORDERS

Under Massachusetts General Laws chapter 258E, people who have suffered harassment may ask a judge to iteuean Orderto protect them from further harassment or abuse. These Orders:will be recorded and enferced bylaw enfeaCement agenties.They are commonly called "Harassment Prevention Orders" or "Restraining Orders" or '258E Orders." In any emergencythatoccurs after court hours or on weekends, you may ask your local police to put you in contact with a judge.

YOU MUST COMPLETE 4 FORMS:1. COMPLAINT FORM

ToTequest a Harassment Prevention Order, you must fill out a Complaint form and other appropriate foams. Therelenofilinafee 'YOuare.the `Plaintiff.° The person who you allege has harassed you is the '"Defendant.' Please print in-ballpoint-00MA pressherdenOughtethatall four parts are legible.

If dither party is underill You are asked to indicate on the form whether you and the Defenclentareunder 16 years of aged use. thelawprovides that 'felt& you or the. Defendant is under the age of 18, such cases are not open to public inspection and areavallable:enilrto the Plaintiff, the Plaintiffs attorney, the person under 18 and his or her parent, guardian arklattomey.

00.frprior or pending.actions. if there are any prior or pending actions in any state or country between you and. the Defendant, pleasebring any legal papers you have from such actions with you to the courthouse.

Financial compensation. You may request-that a judge order the Defendant to ooMpensate you for artyfinencial losses sufferedatalkectresUltof the harassment. These may Include, but are net limited to, lost earnings, outtoffocket Testes fer injuries.suatainett-or-prOpertydarhaged,. the costs for replacement of locks, medical expenses, or obtainingen unfitted phone Minter, andreasenableaffornelesfeeS.

AFFIDAVIT

When you have completed.the Complaint form, turn over the first (white) part and fill, ut the affidavit on thaback. DesodbOhadetailt-ofthelharessment- li the harassment consisted only of conduct that was willfailand Malicious but was not aMelatiOn ofithe erifttatsktataslisted on Ma front of the comPlaint fent, you must describe atleast 3 separate incidentsofsuch harassment/0 ,J* eligiblelaf,a ,Hal'ettrrientPrevention Order. Fill outthe affidavit even if you are requesting relief atter court hours unless a : judgedrreets otherwise.

3. PLAINTIFF CONFIDENTIAL INFORMATION FORM

You Mutt also fill out a Plaintiff'Confidential Information Form, which lists your address, telephone number, and relatelinforMation. Theinformation in this form is confidential and this form Is not available to the public, the defendant or time-defendant's attorneyi Dr.judgefspermission, this form is available only to you, to your attorney, to those you authoriZe to have acdeSsi andlo ceffitin'Petsdiiswhanaccess Is necessary in the performance of their duties (prosecutors, law enforcement officers. victim-witness advoCateS.PM-AeltNiataSsaeltcounselors).

HoWever, if you request'that the defendant be ordered to remain away from your residence or workplace addresses. thoseaddresaeswilleppearin tha .cogitertier. They will not be available.tothepubliebottheyWillirediatlerredto the dafandehtif youdo not want those addressesto appear in the court Order end thereby be disclosed to the Pefenciant you shoolcispeeificatiy . rsilueit thatthey be omitted from the court Order.

If YOu have good reasons why. your addresses or other confidential information in this case should not betlisclosedtothosewho wouldotherwise have access in the course of their duties (prosecutors, law enforcement offiters, victitn,witnese advd0ates and.seXualASsaultcounaelors), you may file Mcition for Impoundment under Trial Court. Uniform Rule VIII on ImpountlenantProcedure.

Other court records of this matter will generally be open to public inspection. You may also Ile a:Motion for`impoundmentifyouhaveigeodreasons to ask a judge to keep other parts of the court record from public inspection. Usually a general preference for privacy tinotalonea stifficient reason for a judge to impound court records from publi6 inspection.

4. DEFENDANT INFORMATION FORM

TheiPlaintiff must also fill out the Defendant Information Form. Please provide the requested information to the best of your ability livorderto identify the Defendant and whes-e.the Defendant can be found. Iran Order is issued, this Information will be used by law enferderrieritofficers to locate the Defendant to deliver the Order.

HARASSMENT PREVENTION ORDERG.L. c. 258E

I r'ocKET N°- Massachusetts.Thal CourtPLAINTIFF'S NAME COURT NAMES ADDRESS

DEFENcgons NAME AND ADDRESS ALIAS, IF ANY

DATE of BIRTH SEX

0 Mate I:I FesealeMACE OF BIRTH MOTHERS MAIDEN ,NAME (FIRST S [AST)

SOCIAL SECURITY NO. DAYTIME PHONE ND. FATHERSNAME (FiFisT:&.LAST)

VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE punishable by iMprisonment or fine o•bor ► .

A. THE COURT HAS ISSUED THE FOLLOWING ORDERSq This Order was issued without advance notice

because the Court determined that there Is asubstantial likelihood of immediate danger ofharassment.

TO THE DEFENDANT: (only those items checked shell apply)n This Order was communicated by telephone from the:Judge-named

below to:

Police Dept. Police-Officer

q 1. YOU ARE ORDERED NOT TO ABUSE- THE PLAINTIFF by harming or atternptingio harmlhaPlaintiftpbysicaltypr bypiaqing thePlaintiffirrfear of Imminent serious. physical harm: YOU ARE ALSO ORDERED NOT TONARASSTHE:PLAINTIMO)bylanywillful and malicious. conduct aimed at the Plaintiff and Intended to cause fear, intirnidetien,..abuseerdeniageto.propérty, or Cabyusing force,:threat Or duress to make the Plaintiff engage in sexual relatiOnsunwillingty; or (3) by corirmitting any orthefollowing:Indecent assault:and battery, rape statutory rape, assault with intent to repe101. c.. 205, §§1313, 13P: -1311, 22, 224..23,14, 24)31enticing a child-% 260), criminalstalking (§` 43), .criMinal harassment (§ 434 or drtigging:for selored intercourse (d,L, 0:214§3),

q 2, . YOU ARE ORDERED. NOT TO CONTACT THE PLAINTIFF either in person, by telephone,, in writingurOplerwise, ,etttiferareptivor'through someone else,- and to- Stay at least yards torn the Plaintiff even if the Plaintiff Seerns-toellower-regoeStoontar*

• The only exception tO this.Orderis that: Ou may send to the Plaintiff by Mail or by.sheriff or other erthofted,effider copies i:if POWsfiled with the court when that Is. required. by statute, or court rule.

13 3. YOU ARE.ORDERED TO REMAIN AWAY FROM THE PLAINTIFFS RESIDENCE located at

and wherever else you have reason to know the Plaintiff rrray reside.

q If this box is checked, you are also ORDERED to remain away from the entire apartMent building or other multiple: familydwelling in which the:Plaintiffs residence is rotated.

4. YOU ARE ORDERED To REMAIN AWAY FROM THE PLAINTIFF'S WORKPLACE located 'at .0

and wherever:else-you have reason to knoW the Plaintiff may wort

LI 5. :you ARE ORDERED TO COMPENSATE THE PLAINTIFF for $ in losses sufferedet ..a4rectreeMitotthellairaSshmirk;fobs paid in Trill on or before , 20 D by mailing ciirectlY.tofthe Plaintiff. 0 *OLIO itiO tOtitt-

ID 6-

B. NOTICE TO LAW gNFORCEMENT1. An appropriate few enforcement officer shall serve upon the Defendantin hand:a copy alba COMplairitand a coillftod'oOP)19fthis-

:Order land Summons) and make return of service to this court. If this box is checked q s.andce.may insteadhk MadaWleaft-:such copies at the Defendant's address shown above but only V the police officer is unable to delver such copies in band to the: Defendant.

2. Defendant Information Form accompanies this Order. q 3. Police repeat are on file at the P.D:'

q . 4. 'Outstanding warrants for the Defendant's arrest: PCF N. Doci%et No(s),

q 5. An imminent three exists of bodily injury to the Plaintiff. P.D. notiffedby Ci telephone q other:

DATE OF•tirS ORDER TIME OF THIS ORDER -0 Am.0 P.M.

EXPIRATION DATE OF THIS ORDER

at 4 P:M.

SiGNATURBWIMEOFJUDGE

X'Non- HEARING DATE

at 0 A.M. CI R.M. In Courtroom

FIRST OR CHIEF JUSTICE

WITNESS:

A TRUE

COPYATTEST:

ct.ERK-mAersTRATErAsST., DLIERIC

XMe Plafr.eirlfgat appeer,tscheduk4heaffeigq," or vitt Ottler vow mfr.. The Defendant tway appeal', with orwithoutaiiiitew*i to.opptiOodiejettosiemig itmodirgiondok

: CwAse :Mkt Verenitait dohs no? &mom, tfteetder may he extended e r mecUfied esereterreMe ci by the Judge; Fatgabitcaasei okhorttiontlatOrMaCiareedailtmay*M*114 •Cowtb madly this.&tierbefvre lie scheduled expiration date. NOITCE TO DEFENDANT: If the PlatnOloyec.erap4ote Or formoivoti.§14.0eAriairtititit pettat ail chad at gte

:pligarif, oyou caherbif oi W6.00101)011 with MO Prafnriff. the perrhase salter ossesetan die ffreapre andfor artungfiltkirryeti#0410,3 ordiris 6 *freak a tederif.itime, itibleato.C#Ftan.VOPtions, 10 thSA.6,50.40.0. and 92ARA-2 (MO)

[

ATENOtt5N: ESTE e.s, UN AVISO OFICIAL FE LA CORTE. at LISTED NO SASE LEER.INGLes-, OSTENG.A UNA TRA0u0015N.ATTENTtON: CE91 EST UNE ANNONCE OFFICIALS Du PALMS FE JUSTICE. SI VOUS ESTES INCAPABLE De LIREANGIAME, OSTENES. UNE TRAM/0110FLATTENZIONE: IL PRESENTS a UN. AVM°. UFFICtALE DAL TRIBUNALL SE NON &RPM'S LESDER•IN INFLESE, orrEntEreutrA TM:KOONS.ATENa0: ESTE e UM AVISCS OFICIAL 1:0 TRIBUNAL sE NXO SASE LER INGLE§, DISTENNA.UMA TRAOtteKO,Lu'u4: DAY a -mama efko CHAIN TROC dm. T6A-ki, Nat DAN Magid DOC DOC TIENG ANN, NAY TIM Nada OICH NO.

*.T.1431 Ri:eagigta htifxitittet0...h •


PURSUANT TO G.L. c. 258E, §§ 8-9, THIS ORDER SHALL BE ENFORCED BY ANY LAW.ENFORCEMENT oFPIOEFLJNTHE COMMONWEALTH WHO IS AWARE OF, OR SHOWN A COPY OF, THIS ORDER. IF SERVICE ON THE 'DEFENDANTHAS NOT YET BEEN MADE, ANY LAW ENFORCEMENT OFFICER SHALL ADVISE THE DEFENDANT OF THETERIVISOFTHE ORDER AND THEN SHALL ENFORCE IT.

The YELLOW COPY of this Order . must be served on the Defendant immediately. Please return the GREEN COPY of this Order tothe Court withyour return of service prior to the next scheduled hearing date, or new service may be required. The BLUE COPY of this Order Is foryour records.

"Vilherrevaf a law officer has MIMI to believe that a person has beerrabused or harassed or Is in danger of heingehused orharassed, such officer man use allreasonable means to prevent further abuse or harasarnent Law officers shalt make every effortto do the following as partorthe•ernergencyresponse:(i) assettstha immediate physical danger to the victim and provide assistance reasonably intended to mitigate the safety tisk(ii) if there isobservable injuritethevictirrt orifthevictim is complaining of injury. oncouregethevklim to seekmediCalattentionancl arrange formedical assistanceor mqtsest ambulance-for transport to a hospital;(le If a sexual: essault has occulted, notify the victim that there are -lime-sensitive medical or forenato °Miens thatmaY be ' avarlehle. encourage the victim to seekmedical stbantion and anange fermedical asalstance or request an ambulance:for transport to shoSPitst(hr) provide the .VicEin with referrab to local resources that may assist vittirn in locating and getting to e safe place; and(v) provide adequate wilts:to the victim of Ma rights kb:lading, but not Waited to, obtaining a harassment prevention order.

"Upon nsceiptof inforrnatton that an outstantlIngwanant existaxgatInstrhe named defendant, ,judge shall order that the approPdale law,enforcemeMoffiCials:benotified-and shall orderthat any inionvroeonregarcfing thedefendant% most recent whereabouts shall be forwarded,te such officials: In at InatenceSin-Which Len:outstanding warrant eitists, the court shall make a *Klieg, based'upoti ail of the .drcurnstances, as to whether en inUninent *mai ofhodily injoryledetit:to topetitioner. In all instances in which suchen inankterrIthreatof bocky ktjtay is found to exist. theJorfOe shin netifytheapproprlatelaW enforeenienteffitiatisef SuChfinding andsuch officials shalltake ail necessary actions-to exectae any such outstanding warrant as soones-is practicable.

'Whenever the courtonters that the defendant refrainfrom harassing the plaintiff or Navarre contact with the:plaintiff ...lhecterKer,e4e rts-Mailietreie'SbelWeaseitt...2 certified copies of each such order and 1 copy of the compleintand summons forestial to the apprOprietelawenforcementageney-Which uffieWetbeheilse . 'ordered by the court shalt serve I copy of each order upon'the defendant together with a copy orate complaint and Order and summons; The havierdeneetnentagency shall promptly make Hs -return of service to the Court ....

I-aware:els shall use every reasonable means to enforce such harassment prevention Orders. Law enforcernentagendies:shatiestablish procedoresadequateto enstirelhat an officer nn the scene of en allegodvlolation of such order may be informed .of the fAlstence and terms of such order.'

G.L_ 0:258E, & 9

RETURN OF SERVICE

I certify that I have served a copy of this Order on the Defendant named in this Order by:

delivering a copy In hand to the Defendant

leavingaoopy atthe Defendants last and usual address as shown in this Order.

0 Other (specify)

.0 I was unable to make service because

FAtE & TIME OF SERVICE SIGNATURE OF OFFICER MAKING SERVICE

X

PRINTED NAME OF OFFICER MAKING SERVICE TITLE/RANK Police DEPARTMEfJT


PURSUANT TO -CIL c. 258E, .§§.8-9, THIS ORDER SHALL BE ENFORCED BY ANY LAW ENFORCEMENT -OFFIPER IN• THE COIVIPAONWEALTH WHO IS AWARE OF, OR SHOWN A COPY OF, THIS ORDER. IF SERVICE ON THE DEFENDANTHAS NOT YET BEEN MADE, ANY LAW ENFORCEMENT OFFICER SHALL ADVISE THE DEFENDANT OF THE TERMS OFTHE ORDER AND THEN SHALL ENFORCE IT.

Ttee YELLOW COPY of this Order must be Seived on the Defendant:immediately. Please return the GREEN COPY of this OMer to Me COurtivvithyour return of service prior to:the next scheduled hearing date, or new service- may berequired. The BLUE:COPY of this Orderisfor your moOrds.

"Whouoverotsvoolliter hat reason tci•elleve thata person has been abused or harassed or is in danger of, or haraSsed. Such officer shaltute allreasonable =web; preyed further abuse or harassment Lew officers shall makeeveryeffortlodathrafallowirtwas ganef the:emergency response;(1) assess the karnedlate physical danger to the victim end provideassistonce reasonably intended 4• Iradgetathe safety riticofy Ifthetetsobeervableilnitiryto the victim maths vicdm Is complainingefinjury, encourage thevictlato seek moodiest as:15On and arrangefOrrnedlcal esti:Stance.orrequestarfainbulartee for transport to a hospital:gig 1 a sektialassaUlthas accumed, notify the Victim thatthere ere time-sensitive medical or forensic qpilenti that may be available rencourage thevicdin In seekMedical attention andarrenge for -medical assistance orrequedt an antbulencefortransponto a hospital;(rr) preVidelhe:vicilin With referrals to local reaources that may assist ihe victim In locating and:getting to a safe plata:and(v) provide adequattnotice tothe'vrctim of hislights including, but not linked to. obtaining a harassment prevents' in Order.

liportrecelptetinforinatIondlotan outstanding warrant exist:44011st thenamed defendant a judge shallorderthatlffeepprOpriabsiewe:pforcernenteffielals be.flogged and :Shalt orderthatany Information regarding the defendant's mastrecent whereabouts - sit:all befomarded.to:SOWOffictils. In ell instencealrl Whiatianoutstanding Warrant- exists; the court shalt make a finding. based upon all of the circumstarteei;44.to whelhot_en:fitroment threerof-bodi4riiihily:441*10 -te.petitioner. in.all Instances In which such an Imminent threatof bodily Injury is found to exist: thejudge:shell-froArthe4aroOrtideltirrentorterneMdrldgitiifSith-findirioaorisuch officials shall take all necessary actions to execute any such outstanding Wartardesseonastepreeficable.

NUIvertever thecounerders Matte defendant n3frain frorotrarassingthe plaintiffor have nocontact *Mate plaintiff ... theeleik orderk-magistrate;statillrenamii2 .certifted copies .of vsach such order end 'loopy of the complaint and summormforthwith te•the.appropri -ate lawerthirCernent:agenCy *Mehl OnliSaetikrilife

ordered by the court shall servo copy of each order upon the defendant. together with a copyof the complaint and:Order ant:tannin:Ins, The law enforcementagency shall promptly make its return of service to the court

"Lsiwofficerashafl use every reasonable means to enforce such harassment prevengon orders. LeaKehroltegnentegendieSehaireatablishP0oaduresadeguateto ensurethaten officer on-the sceneof an alleged *teflon of such order maybe infOnnedertheexistaticeanstlermeof suclitirder.'

GtL c. 2SSE, tt

ATENDON: ESTE ES UN AVIS°. °MAL DE LA CORTE. SI UETED NO SASE LEER INGLIs, ORTENDA UNA TRADUCCION„

ATTENTION: CE91. EST UNE ANNONCE OFFICIALS DU PALMS DE JusTice Sl YOUS tsTesiNCApABLE DE LIRE ANGLAISE, OBTENEZ UNE TRAOUOTION.ATTENZIONE: IL PRESENTE t AVM° UFFICIALE DAL TRISUNALE. SE NON SAPETE LEGGERE IN MIGLESE, °MENEM UNA TRADLMONE,ATENCAO: ESTE eUM AVISO OFICIAL 00 TRIBUNAL SE NA0 SASE LER 1NOLES. OSTEN.HA UMA TRADUgg0.Ufa: DAV LA TH6NG.1140 CtirNld THUG CAA. TI3A -itk„ NrU BAN ISH5NG DOC 01:14C TIZNG ANN HAY TA NOM DtCH N.

x44aikot.4actit . *4.14 kti44 sAgi836 tiftvottil

MODIMCATION, EXTENSION OR TERMINATION'OF HARASSMENT PREVENTION ORDER

G.L. c. 258E

13°°*(ETN°- Itiassachusetts Trial Court (f)COURT NAME &ADDFtESS

PLAINTIFF'S NAME

DEFENDANT'S NAME

q C.the

The

q

PRIOR COURT ORDER (ATTACHED) MODIFIED/EXTENDED:Plaintiff 0 appeared q did not appear and the

Court has ORDERED that the prior order issued

The expiration date of this order has been EXTENDED

This modification

Defendant q appeared q did not

on , 20 be MODIFIED

was issued after a hearing at which

appear.

as follows:

MODIFICATION(S)(see below). q OTHER

DATE OF THIS ORDER TIME OF THIS ORDER

0 A.M.0 P.M.


at 4 P.M,

SIGNATURE/NAME OF JUDGE

NEXT HEARING DATE

at 0 A.M. D P.M. in Courtroom X

q 6,the

The

1::1

PRIOR COURT.ORDER (ATTACHED) MODIFIED/EXTENDED:Plaintiff q appeared M did not appear and the

Court has ORDERED that•the. prior order issued.

The expiration date of this order has been EXTENDED

Defendant q appeared (="did not

on , 20 be MODIPlEaas

This modificatton ,was issued after a hearingatiiiihithappear.

follows:

MODIFICATION(S)(see below). q OTHER

DATE of THS ORDER TIME OF THIS ORDER0 A.M.

, q P:M.

EXPIRATION DATEOF Tilts ORDER

at 4 P ..M.

SIGNATURE/NAME OFJuWE

X

NEXT HEARING DAVE

at q A.M. q P.M. in Courtroom

ELthe

Tice

0

PRIOR COURT ORDER (ATTACHED)'MODIFIED/EXTENDED:Plaintiff q appeared El did not appear and the

Court havORDERED that the-prior order IssuedThe expiration date of this order has been EXTENDED

This'rnOtlifiCatiON

Defendant q appeared 0 did notappear.

on 20 be MODIFIED-

was issued after a hearing.at ,which'

as follows:

MODIFICATION(S)(see below). q OTHER.

DATE-OF THIS ORDER TIME OF THIS ORDERq A.M.q P.M.


at 4 P.M

SIGNATUREINAmE OF JUDGE

NEXT HEARING DATE

at q A.M. 0 PM. in Courtroom

q Fl .PRIOFtCOURT ORDER (ATTACHED) TERMINATEDnits Courts prior Order has been terminated. Law enforcement shall destroy all records of such Order. 0 Terminated et Plaintiffs moot.

DATE OPPRIoR ORDER DATE TERMINATION EFFECTIVE SIGNATUREJNAME OF JUDGE

XDATE DFTERMINATION ORDER TIME TERMINATION EFFECTIVE

0 A.M. 1:115.14.

A TRUE ,DOPYATTEST::

alEett-fitAdisTaawAsst CLERK

x

HA-2A (5110)

TRIAL COURT OF THE COMMONWEALTH

"COMPLAINT FOR PROTECTION FROM HARASSMENT""HARASSMENT PREVENTION ORDER'

INSTRUCTIONS FOR POLICE DEPARTMENTS AFTER COURT HOURS

When the Court is closed for business, any judge assigned to the Judicial Response System may grant relief to a Ptaintiffifthe.Plaintiffdemonstrates a substantial likelihood of immediate danger of harassment. "In the discretion -of the justio%-such relief maybegrantectandcommunicated by telephone to an officer or employee of an appropriate law enforcement agency, who Shalt recorcisuctrarder one-formof Order promulgated for such use by the chief justice for administration and management and shell deliver a copyof sus-homier onthe nextcourt day to the clerk or clerk-magistrate of the court having venue and jurisdiction over the matter.' G L. c. 258E, § 6

INSTRUCTIONS FOR USE OF THIS FORMS PACKAGE

This forms package has been promulgated by the Massachusetts Trial :Court's. Chief. Justice for Administration and Managemehtputtuatit to G,L, c. 256E, %Sand 11 for use by police departments to record a Harassment Prevention Order issued to-Alt#1.002:01fietelOphonewhen the court IS-closed for business. Additional supplies of this forms package maybe ObtairiedffentheAriministrativepfficeof the Trial Court at:(617) 878-0322. Pleasezkeep any supplies of these forms under adequate security tri,Prevent misuse.

1. :COMPLAINT FOR PROTECTION FROM HARASSMENT_ It is preferable to have the Plaintiff compfeteandsign the Complaint form:set, , if the. Plaintiff is able to do so, before contacting a judge. Please print In ballpoint pen.and pres%hardenoggkSothatalltar parts(white, pink, yellow:and white) are legible. There are instructions to the back of the form set to which the Plaintiff may refer:

In appropriate:circumstances. a judge may issue art Order without.the:Plaintiff:haying OaraPletedWerdtWaeri**teAgaraPleilt'Ifthej'adgeCeet to, please ..dittardthe Complaint form set andadvise the Plaintiff that G.L. c.258E,.§BlequitesthePlaidtifft0400earin court: n the next court butiness day to-file such a Complaint.

2. AFFIDAVIT. After the Complaint set has been completed and Signed, separate the four parts from theiferm stabthef. holds Ahemtogether. Turn oveiThe original (white) part and. ask . the. Plaintiff to describe the details of the-hares-466ton theATfidtaritiOntiVrintedthere. Whenthe Affidavit is Complete, please indicate by your signature that You havewitnesaed#lePialfftMalgriAtaiIeAqlAVfdOt_..

Inappropriate circumstances, a judge may dispense with the need for an AffideVit. If theledgetkies soileaviRfieAttldeVitleralblank.

3. PLAINTIFF-CONFIDENTJAL INFORMATIONFORM. Ask the Plaintiff to complete the PlaintiffOorifidentiallidarrnaortFOrin..Sealthatdorm In an;nVelope ritarked"'InAirstriFF'sattdReSs,CONFioarnm2

4. ; DEFENDANT INFORMATION FORM. Provide the Plaintiff with the Defendant Information FOrMaltri ask the:Pfaintiff tO:ctartpialleAt10;Thebest ofhiSarter

5. HARASSNIENTPREVENTION ORDER. Read orsummaftethe ComplaintandAffidavitaverthelataphene:asrockestedbytheNdge,. Please inform the judge if the Plaintiff does. not.want hit or her residence and workplace actchtsteS teappeentathe4:gatt m ° arAhdthereby to be die-elated to the Defendant. If the judge issues an Order, please:, complete theHatassment Prevetilidni -Order feim:setitem by. item asthejudgeditects. Print in ballpoint. pen and press hard enough selhat aliSixpartS (afitte,.pinki yet*, 0.100, green and'Alta) are legible. Leave the space for Docket NO blank, but:enter the name and addrets. afthetbart where`thejuao Makes theOrder returnable. Print your nameand police department, and printthe name of the judge issulagtheOMer,intheappropriatespaces,

; At thebottom left of. he Order, print the name of the "FirSt or Chief Justice- at indicatedbitheissuing Judge. Leaveblei*LitespaceWhere the cleric-magistrate may attest the Order.

6. COLLATING AND DISTRIBUTING COPIES. Separate the six parts of each page of the Order form set tem the farmatubthatairoldsthem together. If the Plaintiff has completed the Complaint form, match up and staple together the capies ofIWO:m -01060:m withthe matching color copies of the Order form: the white (Court) copies, the pink (Plaintiffs) copleS,:theyelloW(DefendarieOttatifetkaadthe whiterrobation) copies.

Give the pink copies of the Complaint and Order to the Plaintiff.Deliver the white (Court) copies and the white (Probation) copies of the. Complaint.and. Order on' nextbuitiness day te tfie

Clerk-Magistrate of the court where the Order is returnable, eking with the Plaintiff Confidential Information Form In a seatedenvelope and the Defendant Information Fenn.

Mange for the yellow cepies,ctibe Complaint and Order to be served on the Defendantat soon aspossiblel Service:oh theDefendant canhot be made- before. date and time of hearing shown-in the Order, service:of,:addRianal OrderS-rna-Y-1*-naCeSSarY,

The two remaining copies of the Order are for polite-use: the blue copy Of the Order IS for yOur records; the green copy Of theOrder may be used for-the return-of service that must be filed with the Court.

HA-345/1o)

DEFENDANT INFORMATION FORMAS PROVIDED BY PLAINTIFFaL C. 209A OrG.L. c. 258E

DOCKET NO. (Tor courtuse only)

Massachusetts Trial Court •

This information is requested to help police to identify and locate the Defendant in order to serve the Defendant with a copy of any restrainingOrder that is issued. Please provide as much information as possible.

DEFENDANT'S NAME DATE OF BIRTH

OTHER NAMES USED BY DEFENDANT. IF ANY PLACE OF BIRTH

MOTHER'S MAIDEN NAME (FIRST & LAST) FATHER'S NAPAE (FIRST & LAST) SOCIAL SECURITYNO.

SEX

0 MALE

0 FEMALE—

RACE. EYES HAIR HEIGHT WEIGHT PHOTO AVAILABLE? (veryhelpfuffOr lb)

0 YES D No

BUILD OTHER PHYSICAL. CHARACTERISTICS (beard, glasses, scars, tattoos, complexion, halrArle).

DEPENDANT'S HOME ADDRESS (NO., STREET. CITY, STATE, ZIP) ' DEFENDANT'S HOME -TELEPHONE NO.

APT NO, FLOOR NO. NAME ON DOOR/MAILBOX DOES DEFENDANT UNDERSTAND ENGLISH? 0 YES q NO

IF NOT, WHAT LANGUAGES?

DEFENDANT'S EMPLOYER1WORKPLACE.., . . , ..

wDRKTitlEOHONE NO.

wokKADOetss #40., STREET, CITY, STATE. ZIP) TITLE •

DEPARTMENT vitORK:HOUR:s •

`IDTHERPIACES DEFENDANTMAY BE FOUND (fn'ends, bars, &ave.,. hangouts) 13ESTRLACE:TO FINDAFF:154IiiI

MOTOR VEHICLE LICENSE PLATE YEAR MAKE MODEL COLOR akernmei -rO FittDE0664n:

DOES DEFENDANT HAVE: (cfactfIvi verybrieffy)

A history of violence toward police officers? 0 NO 0 YES

A Wow of using/abusing drugs or alcohol? El NO II YES What kinci?

Accessio guns, a license to carry, or possess a gun? 0 NO DYES What kind?

Psychistliciamollonal problems? q NO 0 YES What kind?

ANY OTHER INFORMATION WHICH MIGHT BE HELIDFUL IN LOCATING THE DEFENDANT

DATE SIGNED PRINT PLAINTIFFS NAME PLAINTIFFS SIGNATURE

X

FAfliA4 (57141)

PLAINTIFF CONFIDENTIAL INFORMATION FORMG.L. c. 209A, §. 8 or- G.L. c. 258E, § 10

Th:s form should to sealed in an envekpe

DOCKET HO. (froaurt us a only)

marked 'Pl.a.:N7IFF'S ADDRESS — CONPDENTIAL".

Massachusetts Trial :POW ..

PLAINTIFF'S NAME

PLAI OFF'S RESIDENTIAL ADDRESS PLAiNIFF'S RESIDEMTIALIELEPRORE416;

ff this ken apartment buikfing or other multiple family Ovelling, check here q

MY FORMER ADDRESS PLAINTIFF HAS LEFT TO AVOID ABUSE (for GI. c209A abuse prevention cases only)

NAME OF PLAINTIFF'S WORKPLACE

ADDRESS OF PLAINTIFF'S WORKPLACE PLAINTIFFSWORKPLAOETELEpHONENO.

NAME-O7FPLAINTIFFS SCHOOL

ADORtiia- OPPLANTIFF'S SCHOOL

PERSOS AUTI9ORIiED BY PLAINTIFF TO HAVEACCESS TOTFIIS CONFIDENTIAL INFORMATION

.111.0.11.11110111".4 "MMUllok N 1_

MO FORM-IS CONFIDENTIAL AND IS NOT AVAILABLE TO THE PUBLIC THE DEFENDANTORTHEDEFENDANT4Or4010.:ExCept with a judge's permisSlon. this form Is available only to you r to your attorney, to thOseYou lAthoPz0 10 44V6L'A(46$0#0.4_ . r.1*anrittor certain persons when access: is necessary in the performance of their-duties (Prosectitors, law erifigOement ofticorsi-victiM44400atfrecates, sexual assault counselors and, in G. L. c. 209A cases, domestic violence counselors):

IF APUDGEORDERS THE DEFENDANT TO REMAIN AWAY FROM-YOURRESIDENCEORWORIMACE.THOSEADORgaZIESIMIXAPPEAR IN THE COURT ORDER. THEY WILL NOT BE:AVAILABLE TO THE PUBLIC: BUT THEY WILL BW ,DIS4LOSED:TOINE:DEFENDANT,. If you do notwant those addresse•to appear lathe court -Order and therehyttedISOlbaedtp -the-Deterldefik you:shetild specifically request:thathey be oniitted-from the courtOrder.

if yilio andthe Wended are bofh over 18, oher court records of this matter will generally be opeato public inspection. Wyatt hayagoodreasons to ask aludge to keep other parts of the court record frorn public inspection ask:the Clsirra or Registeea0fgeteetrilaliflioVtteNag Motion for Impoundment under Trial Court UniformRule VIII on ImpOUndment Procedure. You mayalsbt4aMotipnIer Impctundmeet•If yeu have . goOd reasons why your addresses or other confidential information In this case should.not •:ie ,,crisOloe0014 .410.046:4501otherwise have access in the course of their duties (Prosecutors. law enforcement officers; vicliarifteaS ad*Oteites,egoai assaultcounselors'and, in D.L a 209A cases, domestic violence counselOrS). Usually, a general preference -forprivacy is ncit-eicoe ,ktuffiCiaxitreason for ajudge to Impound court records from public inspection.

ffeitheryoo or the Defendant are Linder 143, other court records of this mafterwill not be open to public inepection, andwill be availabletnlyto ypu and the Defendant and to your attorneys. They will also be available to the parent or guardian otanypany Wile IS •inde••le:

_nDATE SistiNED PLAINTIFFS =NATURE

x

FA/RA-6 Ma)

L REQUEST FOR ACCESS TOPLAINTIFF CONFIDENTIAL INFORMATION

G.L. c. 209A. §:8 or G.L. c. 258E, § 10

DOCKET NO.

Mastachusetts Trial Court ,

All requasts for accessio a Plaintiff's confidential Information must be submitted to the.Clerk,Magishate or' ter on this form. Requesters•Shafifiresent eVarttidriver's icense or other suitable photographic verification of the person's identity and signature and, as required by set forttithe reasOn(s) etcesstO theInformatten is . necessary in the performance of their duties." mAsSAcRusErrs TRIAL COURT DIRECTIVE OF NOVEMBER to, Mo.

REQUESTER'S NAME PLAINTIFF'S NAME

CONFID'ENTIAL INFORMATION TO WHICH ACCESS is REQUESTED

BASIS FOR ACCESS

I, 0 Plaintiff or Plaintiffs Attorney

2. 0 Authorized by Plaintiff to obtain such information(WRIten authorization from Plaintiff rnust accompany request form unless requester is named in the. Plaintiff Confidential information font)

3. 0 ProsecutorName, address and telephone number of prosecuting agency:

4. 0 Law Enforcement OfficerName, address and telephone number of taw enforcement agency:

Advocate (G.L. c. 258B, § 1)and telephone number°,prosecuting or other alminal justice agency;

5. 111 Victim: WitnessName, address

Counselor (G.L. c. 233, § 20J)anatelephono number of sexual assault victims' pmgram:

6. in Sexual AssaultName; address

7. 0 Domestic Violence Counselor (G.L. c. 233, g 20K) (209A cases only)Name, address and telephone number of domestic violence victims' program:

S. 0 Other, authorized by Court(A copycf the Cowt's order must accompany request tom?)

IF YOUROASIS OF ACCESS IS (3) THROUGH (7) ABOVE, EXPLAIN HOW THE INFORMATION REQUESTED IS NECESSARY IN THE FERFORMANCEOF *CUR DASS(G.L. c. 209A, § 8 oral_ a. 258E, g ro allow access only if necessary in the performance of your duties)

DATE SIGNATURE OF PERSON REQUESTING ACCESS

X

TITLE

ENHA4 (St 10)

MOTION :FOR IMPOUNDMENT & AFFIDAVITG.L. c. 209A, § 8 orG.. c, 258E, § 10

DOCKET No. (ibraxitt use only)Massachusetts Trial COurt

Purtuant to G.L. c. 209A; § 8.or.G.I.,. c. 258e, §, O. yourresidential and workplace addresses:• *Ill atitomaffeallY be kept from being disClosed to the PI.Ibft• Will automaticallfbe kePt4mm -being diadosed to the defendant and the defendant's attorney unless those addresses appear in the Court:Order because

yotitiave requested that thedefendant be ordered to remain away from your residence or workplace.• Will be availableto you to your attorney, to those you authorize to have access, and to certain persons when access is necessaryillthe:peifOnnanbe of

theirdutiea (prosecutor% lawenforcement officers, victirn-wfiness advocate% sexual assault counselors and, InGi. c. 209Aceses only, domestic violencecOnselors),

Ifypu have good reasons why , your addresses should not be disclosed to those who wouldotherwise have access in the course of their duties, you May . filettassnotion with the scud requesting a judge to issue an Order of impoundment under Trial Court Uniform Rule Viii on linpoUndmentProcedure. if youhaVegoodireason% you may also request a judge to impound other information in this case from public inspection. You must.explain why.thereiSlood cause foraltrdge to do so. Usually a general preference for privacy is not alone a sufficient reason for a judge to impound court records from pnbliCinspeCtion. If youare requesting en -order of impoundment without prior notice to the defendant and any other interested petabas, you 'mud explain why immediate andiireparableinjury may Othendtereault.

1. Pursuant to Trial Court Uniform Rule VIII, I request the Court to order:

0 that myresidentrati workplace and/or school addresses and tekphonemOnbera be impoundedlo that they arenot disclosed to those persons who would otherwise have access in the course oftheir duties.

CI that the following information in the case record be Impounded and unavailablefor publioinspection:

0 I also request the Court to order such impoundment without priornaticeto the defendant and any other interestedpersons, since immediate and irreparable injury may otherwise result.

2. This request IS based on:

If mons space is needed, aitacfradaitiOnal pages ancicheckthia:por. a

I declare under penalty of perjury that all statements of fact made above, and in any additional pages attaOtred, arettre.

`DATE SIGHED

JUDGE'S ORDER ON

Di :Motion ALLOWED ex parte based on a showing of'before the defendant or any other interested party

PLAINTIFFS SIGNATURE

X

MOTION FOR !MPOUNDMENT

good cause and-that immediate and irreparable injury may resultmay be heard in opposition.

after hearing with notice to the defendant and any othern .Motion ALLOWED based on a showing of good cause,interested party-

q :Motion DENIED.

DATE SIGNED JUDGE'S SIGNATURE

X

FNHA-B ($110)

AFFIDAVIT FOR FLINGOUT-OF-VTATE PROTECTIVE ORDER

GL c. 209A, § 5A or G.L c. 258E, § 7

MASSACHUSETTS DOCKET NO.(foreourt use only)

Massachusetts Mat Ctiurt

Pursuant to al_. c. 209A, § 5A or G.L. c. 258E, § 7, I swear or affirm that the:best of my knowledgethe order issued by

of(court) (state)

a certified copy of which is submitted with this affidavit, is presently in effect as written.

Signed under the penalties of perjury.

DATE SIGNED PLAINTiFFS SIGNATURE

x

•

Meese submit with. this-affidavit a certified copy oltheother state's cOurt orderand the. Massadyusetts 'PLAINCIFF 601VHDENTALiNFORMATION' ancVDEFENDAmiiiVFORMA77ON ,P0.CIODEDBYPtAINTIFFIIDarts.;

. .

STATUTORY EXCERPTS

GI:t. C. 2094 .§.1. `As used in thie:chopter the following words-shall have the folloviinctmeanInge• ifttOteCtiOnOrdertssned by anciherjUrieliction', any InjeixtionorOther order.iwed bya.coutt orwickuler %ate; waxy oppoofooittoui • Ago,

theigommonwe01th of Puerto Rico,. or Omit:4060;0f COluntje, or Mho! court that Is. ttened tOr the puipege Alit Oreventhtt/idelent eitthreet* s.ttOt*orhanliSsine.nkagainiker cOritador0enininteation•WdllocfiliStitalprintlinitytO another person. IncluclincrternperaryeettlinalbHarei0004001A - • •bgicot* filed.by or oh behalf Otapersorr seoldng protectrert"

*1— .0:209AvisA, "Any protection. order issued by another jurisdiction, as defined in section one, ehaltDeteiVe(tfultlaithlantfr:coarlitthrooltheottheCOMMenweetthand4itfOrced:ris If ftwere issued !Atha commonwealth fOr aslOrtgewthet order Is in ettecelttlbejs0000441010th

lip,persokenfittedie protectlim under a or:election' Order issuadhyahotherjortsdictidn mairilla*.th OnlOr :... -§01 14WIINAtier4044getthiettOOriitlitict:onlet`wlictrellellte:enteretlintOthketate400400001010 1ertelovoakeePint'sYsteOtesbalAlaiedP4A00 1000YOVIOOne,titM)04#:444NAnd

tainetkbytheOffiCeofihe commtSifoner. Of probation. Sur% person Shall swear under ostkitromatirelSfitlerlheitetlosuoisronvo0000::that:order Is presently In affect as written, Upon request by a lawenforcement agency, the regteteret cleric of Mktio0NrtiNi tgOV.1.40iteogie :voOtThe

pro, order lasuedby the .ntheriVrisdlctiekIiiliontentoreement officer may presume thevalkliVor, and enforce ... a copy of aprotectlen orderissuedbyanothedtaisdietiOnWhiohltasbeertpnyided

tOthe.lSwentercernent akar byany Worm; OrovIded, however. tharttle officer is also provided with a statement by the person prCteded by the orderthalsuch order remains In effect. Lawenfortement officert may relyOn such Statement by the.peraort preleaterkte.S*11Order?

•

0.A...c. 258,E,.11. 'Ag. used In this chapterthe•following words shall, unless , the context dearly requires otherwise, havathe follevAngaieenlvs, ..,670teCtion ad0issuedty anotherlurlidlction, akinXinction cr otherorderlisued by acouttotancitheratete.f.teogerr.orPosesSOAOffhePOtte4StitteS,.

the/poarnonwealth of Filer:Witco; or. he'Diatat of ColuMbie, era tribatcourtthat Isissuedforthe purPoSOO(PrestenithiNolent rirtflrefrtarli**kathisiltor k 'Moment against, or contact or communication with 'or physical proximity to another Porton. JoelOclfiltiefolloteTiotinOetorderaVailedttidvit'ohil

' aI bonfled-by-or on Whaler a perSon•seeking prOteetiore

OA— c..2681:,, §>7. Any protection order issued by another jurisdiction shall be given full faith and.oretlitthroughout thetommenweaharictenfoceett asif ftWere hatted iii tiro for as:long as the• order is tn•eff'ectIn the Issuing jurisdiction.

lkpersortentitted.topiotectionunder a protection order issued byerto•therjurisdiction may tile such order with the apjapprlatecoortbytfinzwiththe.CQUkta cellified copyofsochorder. Such person shall swear under oath in an affidavit to the best ofsuchperson's IthOWiedge,:that.sucktiOdertapreitentry*.afteatasiOuen. Upon request bye lawenforcementagency, the clerk or derk-magiStrate of such court shall prOVidOaCertifiect copy OfthepoSteatidtt'odierieSdattby the Other jurisdiction.

7%.4aw officermayvesume the validity of and enforce ... a copy of a protection order issued by another itsrisdicfino which has beemptovidattolhe lawofficer . by anysOurce;prOvided, however, that the officer Is also provided with Reglement* the person protected. bythe.order that sitett Orderrentains Iteffedt. Law officers may rely on such statement by the person protected by such order.'

PA/HA4 (SIM

HARASSMENT ORDER STATUTE, G.L. c. 258E … CLIENTS UNDER THE NEW HARASSMENT ORDER STATUTE, G.L. c....

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Transcript of HARASSMENT ORDER STATUTE, G.L. c. 258E … CLIENTS UNDER THE NEW HARASSMENT ORDER STATUTE, G.L. c....