Massachusetts General Laws

Mass. Gen. Laws ch. 209A, § 4 (2026)

Temporary orders; notice; hearing

✓ current as of July 2026

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Section 4. 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.

Notes of Decisions

Cited in 43 cases (11 in the last 5 years), 1990–2026 · leading case: Nollet v. Justices of the Trial Court of Massachusetts, 83 F. Supp. 2d 204 (D. Mass. 2000).

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Nollet v. Justices of the Trial Court of Massachusetts, 83 F. Supp. 2d 204 (D. Mass. 2000). · cites it 4× “Specifically in Count I, plaintiffs seek declaratory and injunctive relief declaring Mass.Gen.L. ch. 209A, § 4 unconstitutional because it permits the granting of temporary restraining orders at ex parte hearings and enjoining the judicial defendants from further enforcement of…”

C.O. v. M.M., 815 N.E.2d 582 (Mass. 2004). · cites it 4× “The defendant appealed from the issuance against him of an abuse prevention order pursuant to G. L. c. 209A, § 4. We transferred the case to this court from the Appeals Court on our own motion.”

MacDonald v. Caruso, 5 N.E.3d 831 (Mass. 2014). · cites it 3× “According to the complaint and affidavit filed by the plaintiff, Tracy MacDonald, on June 25, 1999, in support of her application for an ex parte temporary restraining order under G. L. c. 209A, § 4, against the defendant, Kevin James Caruso, the plaintiff had obtained an “order…”

Commonwealth v. Henderson, 747 N.E.2d 659 (Mass. 2001). · cites it 3× “Consistent with G. L. c. 209A, § 4, the judge granted the victim’s application on an ex parte basis.”

Frizado v. Frizado, 651 N.E.2d 1206 (Mass. 1995). · cites it 2× “” G. L. c. 209A, § 4. That opportunity, however, places no burden on a defendant to testify or to present evidence.”

Commonwealth v. Silva, 727 N.E.2d 1150 (Mass. 2000). · cites it 3× “The defendant, Daniel Silva, appeals from his conviction of violating a protective order entered pursuant to G. L. c. 209A, § 4. He claims that the judge erred in denying his motion for a required finding of not guilty.”

Commonwealth v. Wilson, 90 Mass. App. Ct. 166 (Mass. App. Ct. 2016). · cites it 4× “Although the statute provides for service by a law enforcement officer, see G.”

Smith v. Smith, 852 N.E.2d 670 (Mass. App. Ct. 2006). · cites it 2× “5 A plaintiff may obtain a temporary protective order in an ex parte proceeding, provided that the defendant is given an opportunity for an evidentiary hearing within ten court business days after the ex parte order is entered.”

Commonwealth v. Boucher, 780 N.E.2d 47 (Mass. 2002). “71B, § 3 (allowing student to be removed from school if school committee shows that student’s behavior poses “substantial likelihood of injury to himself or others”); G. L. c. 209A, § 4 (allowing courts to issue temporary relief orders in domestic abuse cases where “plaintiff…”

E.C.O. v. Compton, 984 N.E.2d 787 (Mass. 2013). “3 Following a hearing before a District Court judge, an ex parte *559 abuse prevention order obtained pursuant to G. L. c. 209A, § 4, by a father on behalf of his daughter against the defendant, Gregory James Compton, was extended for one year pursuant to G.”

Commonwealth v. Delaney, 682 N.E.2d 611 (Mass. 1997). “On August 31, 1992, the victim, the defendant’s former female companion, obtained an ex parte protective order against the defendant pursuant to G. L. c. 209A, § 4. The order stated that the defendant was to refrain from having any contact with the victim, and specifically…”

Care & Prot. of Robert, 556 N.E.2d 993 (Mass. 1990). “, G. L. c. 209A, § 4 (1988 ed.). If, after this hearing, the court determines that there is “reasonable cause to believe that the child is suffering from serious abuse or neglect, or is in immediate danger of serious abuse or neglect, and that immediate removal of the child is…”

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