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Page 9 6 of 12 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS Copyright © 2013 Matthew Bender & Company, Inc., a member of the LexisNexis Group All rights reserved *** Current through Acts 464 of the 2012 Legislative Session *** PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES TITLE IV CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES Chapter 258E Harassment Prevention Orders § 6. Relief -- When Court is Closed. GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY ALM GL ch. 258E, § 6 (2012) [Effective until July 1, 2012.] When the court is closed for business or the plaintiff is unable to appear in court because of severe hardship due to the plaintiff's physical condition, the court may grant relief to the plaintiff as provided under section 5 if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment. In the discretion of the justice, such relief may be granted and communicated 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 for administration and management and shall deliver a copy of such order on the next court day to the clerk or clerk-magistrate of the court having venue and jurisdiction over the matter. If relief has been granted without the filing of a complaint pursuant to this section, the plaintiff shall appear in court on the next available business day to file a complaint. If the plaintiff in such a case 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 complaint with an affidavit setting forth the circumstances preventing the plaintiff from appearing personally. Notice to the plaintiff and defendant and an opportunity for the defendant to be heard shall be given as provided in said section 5. [Effective July 1, 2012.] When the court is closed for business or the plaintiff is unable to appear in court because of severe hardship due to the plaintiff's physical condition, the court may grant relief to the plaintiff as provided under section 5 if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment. In the discretion of the justice, such relief may be granted and communicated 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 of the trial court and shall deliver a copy of such order on the next court day to the clerk or clerk-magistrate of the court having venue and jurisdiction over the matter. If relief has been granted without the filing of a complaint pursuant to this section, the plaintiff shall appear in court on the next available business day to file a complaint. If the plaintiff in such a case 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 complaint with an affidavit setting forth the circumstances
ALM GL ch. 258E, § 6 Page 10 preventing the plaintiff from appearing personally. Notice to the plaintiff and defendant and an opportunity for the defendant to be heard shall be given as provided in said section 5. Any order issued under this section and any documentation in support thereof shall be certified on the next court day by the clerk or clerk-magistrate of the court issuing such order to the court having venue and jurisdiction over the matter. Such certification to the court shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter but shall not be deemed necessary for an emergency order issued under this section to take effect. HISTORY: 2010, 23; 2011, 93, § 113. NOTES: Editorial Note Acts 2010, 23, effective May 10, 2010, enacted this section. The 2011 amendment, effective July 1, 2012, substituted "chief justice of the trial court" for "chief justice for administration and management" following "use by the" in the second sentence of the first paragraph. Section 137 provides: Section 137. Sections 2 to 7, inclusive, 10 to 54, inclusive, 57 to 117, inclusive, 122, 123, 124, 125 and 127A shall take effect on July 1, 2012.
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