Service:

Local police departments are responsible for serving orders.
Police departments do not charge a fee to serve orders of protection.
If the order were delivered to a Sheriff’s department for service of the order, that department might charge a fee.

Custody:

MA has not passed UCCJEA

Guns:

Officers will confiscate weapons if Ron follows Michelle to MA.

Notification:

If Michelle registers an out of state O/P in MA, MA law does not require notification of the defendant.

Registry:

The MA protective order registry will be compatible with those in other states through NCIC. Police will immediately check the registry because it will establish probable cause for any enforcement action which may be needed

Contact Person:

If the police couldn’t decide whether or not Michelle’s O/P was facially valid, they would probably contact the on-call judge for a ruling as to the validity of the order. The police might also contact NCIC or the other state. The police might also in good faith rely on the word of the victim that the order is valid.

Safety Information:

For safety information and services Michelle should call the statewide domestic violence hot line, SAFELINK, 1-877-785-2020.

She would be eligible for a battered women’s shelter if she is in immediate danger.

Definition of Terms:

Family or household members who are entitled to protection are defined as: persons who are or were married to each other; are or were residing in the same “household”; are or were related by blood or marriage; have a child together, regardless of whether they were ever married or lived together; or, are or have been in a substantive dating or engagement relationship. G.L. c. 209A, § 1.

Law enforcement officers are required to make a warrantless arrest of any person the officer witnesses or has probable cause to believe has violated an emergency, temporary or permanent vacate, refrain from abuse, stay away or no contact order or judgment, a gun suspension and surrender order, or a similar protection order issued by another jurisdiction. When there are no refrain from abuse, vacate, stay away or no-contact orders or judgments in effect, arrest is the preferred response whenever an officer witnesses or has probable cause to believe that a person has committed a felony, has committed an assault and battery of a family member in violation of Mass. General Laws c.265, §13A, or has committed a misdemeanor involving abuse as defined in Mass. General Laws c.209A, §1. G.L. c. 209A, § 6(7).