Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 18 (2026)

Pendency of action for divorce; protection of personal liberty of spouse; restraint orders authorized

✓ current as of July 2026

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Section 18. The probate court in which the action for divorce is pending may, upon petition of the wife, prohibit the husband, or upon petition of the husband, prohibit the wife from imposing any restraint upon her or his personal liberty during the pendency of the action for divorce. Upon the petition of the husband or wife or the guardian of either, the court may make such further order as it deems necessary to protect either party or their children, to preserve the peace or to carry out the purposes of this section relative to restraint on personal liberty.

Notes of Decisions

Cited in 22 cases, 1993–2019 · leading case: Champagne v. Champagne, 708 N.E.2d 100 (Mass. 1999).

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Champagne v. Champagne, 708 N.E.2d 100 (Mass. 1999). · cites it 15× “215, § 13, asking whether the Probate Court has the authority under G. L. c. 208, § 18, to issue a permanent protective order and incorporate it into a final judgment of divorce nisi.”

Commonwealth v. Alphas, 712 N.E.2d 575 (Mass. 1999). · cites it 2× “2 The District Court judge denied the defendant’s motion because he concluded that the stay-away order in the divorce judgment was the equivalent of a G. L. c. 208, § 18, order, and violation of it satisfied § 43 (b).”

Hennessey v. Sarkis, 764 N.E.2d 873 (Mass. App. Ct. 2002). · cites it 5× “The trial judge decided the issue without a hearing, based upon the parties’ unverified written submissions, and allowed the motion under the authority of G. L. c. 208, § 18 1 — but only to the extent of prohibiting the husband “from sending any form of written communication” to…”

Allen v. Allen, 50 N.E.3d 836 (Mass. App. Ct. 2016). · cites it 2× “Said [DVRS] shall include a computerized record of the issuance of or violations of any protective orders or restraining orders issued pursuant to [G. L. c. 208, §§ 18, 34B; G. L. c. 209, § 32;] civil restraining orders or protective orders issued pursuant to [G.”

Commonwealth v. Young, 905 N.E.2d 90 (Mass. 2009). · cites it 2× “ement of the offense the use, attempted use, or threatened use of physical force against the person of another, or any other felony that by its nature involves a substantial risk that physical force against the person of another may result, including the crime of burglary and…”

Green v. Cosby, 160 F. Supp. 3d 431 (D. Mass. 2016). “273, §§ 1-10]’; a violation of G.L. c. 208, § 18; and a ‘grand jury’ proceeding.”

Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019). · cites it 2× “a violation of an order pursuant to [G. L. c. 208, § 18, 34B, or 34C; G. L. c.”

Vaccaro v. Vaccaro, 425 Mass. 153 (Mass. 1997). · cites it 2× “Said system shall include a computerized record of the issuance of or violations of any protective orders or restraining orders issued pursuant to [G. L. c. 208, §§ 18 and 34B; c. 209, § 32; c.”

Vasquez v. Commonwealth, 119 N.E.3d 717 (Mass. 2019). · cites it 2× “209A, § 1 ], a violation of a temporary or permanent order issued pursuant to [G. L. c. 208, § 18 or 34B ; G. L. c. 209, § 32 ; G.”

Aime v. Commonwealth, 611 N.E.2d 204 (Mass. 1993). “, G. L. c. 208, §§ 18, 34B, or 34C; G. L. c.”

Mitchell v. Mitchell, 821 N.E.2d 79 (Mass. App. Ct. 2005). “, G. L. c. 208, §§ 18, 34B; G. L. c. 209, § 32; G.”

Mendonza v. Commonwealth, 673 N.E.2d 22 (Mass. 1996). “See G. L. c. 208, §§ 18, 34B, 34C; c. 209, § 32; c.”

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