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7 of 15 DOCUMENTS
ANNOTATED LAWS OF MASSACHUSETTS
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*** Current through Acts 464 of the 2012 Legislative Session ***
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE III DOMESTIC RELATIONS
Chapter 209A Abuse Prevention
§ 4. Temporary Orders; Orders Without Notice.
GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY
ALM GL ch. 209A, § 4 (2012)
Upon the filing of a complaint under this chapter, the court may enter such temporary orders as it deems necessary to
protect a plaintiff from abuse, including relief as provided in section three. Such relief shall not be contingent upon the
filing of a complaint for divorce, separate support, or paternity action.
If the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, the court may enter such
temporary relief orders without notice as it deems necessary to protect the plaintiff from abuse and shall immediately
thereafter notify the defendant that the temporary orders have been issued. The court shall give the defendant an
opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by
the plaintiff no later than ten court business days after such orders are entered.
Notice shall be made by the appropriate law enforcement agency as provided in section seven.
If the defendant does not appear at such subsequent hearing, the temporary orders shall continue in effect without
further order of the court.
HISTORY: 1978, 447, § 2; 1983, 678, § 4; 1984, 189, § 152; 1990, 403, § 4.
NOTES: Editorial Note
The 1983 amendment rewrote this section, making, among others, the following changes: (1) deleting in the first
paragraph references to ALM GL c 208, § 34B and ALM GL c 209 § 32, and substituting therein a reference to the
section three of chapter two hundred and nine A; (2) adding a sentence to the first paragraph providing that relief shall
not be contingent upon the filing of a complaint for divorce or separate support; and (3) adding two sentences to the
second paragraph relative to the furnishing of notice to defendant of temporary orders, and providing for the
continuance of temporary orders where the defendant fails to appear at a hearing on such orders.