Massachusetts General Laws

Mass. Gen. Laws ch. 218, § 35A (2026)

Process; issuance on complaints for misdemeanors; consideration of criminal records and domestic violence records; right to hearing

✓ current as of July 2026

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Section 35A. If a complaint is received by a district court, or by a justice, associate justice or special justice thereof, or by a clerk, assistant clerk, temporary clerk or temporary assistant clerk thereof under section 32, 33 or 35, as the case may be, the person against whom such complaint is made, if not under arrest for the offense for which the complaint is made, shall, in the case of a complaint for a misdemeanor or a complaint for a felony received from a law enforcement officer who so requests, and may, in the discretion of any said officers in the case of a complaint for a felony which is not received from a law enforcement officer, be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth by the person against whom such complaint is made. The court or said officers referred to above shall consider the named defendant's criminal record and the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation in determining whether an imminent threat of bodily injury exists. Unless a citation as defined in section 1 of chapter 90C has been issued, notice shall also be given of the manner in which he may be heard in opposition as provided herein.

The court, or said officer thereof, may upon consideration of the evidence, obtained by hearing or otherwise, cause process to be issued unless there is no probable cause to believe that the person who is the object of the complaint has committed the offense charged.

The term district court as used in this section shall include the Boston municipal court department and the juvenile court department.

Notes of Decisions

Cited in 51 cases (5 in the last 5 years), 1974–2025 · leading case: Bos. Globe Media Partners, LLC v. Chief Just. of the Trial Court, 130 N.E.3d 742 (Mass. 2019).

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Bos. Globe Media Partners, LLC v. Chief Just. of the Trial Court, 130 N.E.3d 742 (Mass. 2019). · cites it 12× “See G. L. c. 218, § 35A. Boston Globe Media Partners, LLC (the Globe), does not challenge that holding here.”

Commonwealth v. Clerk-Magistrate of the West Roxbury Div. of the Dist. Court Dep't, 439 Mass. 352 (Mass. 2003). · cites it 8× “The statutory authority for show cause hearings is set forth in G. L. c. 218, § 35A, which provides that, “[i]f a complaint for a misdemeanor is received by a district court.”

Gordon v. Fay, 413 N.E.2d 1094 (Mass. 1980). · cites it 15× “The primary issue raised is whether the proce *65 dure set forth in G. L. c. 218, § 35A, for the issuance of a criminal complaint applies to complaints issued by the Housing Court.”

Commonwealth v. Orbin O., a Juv., 89 N.E.3d 1151 (Mass. 2018). · cites it 5× “" We consider here whether that same limitation on judicial authority in deciding a motion to dismiss applies to a delinquency complaint brought by a private party under G. L. c. 218, § 35A, where a clerk-magistrate issued the complaint after finding probable cause.”

Commonwealth v. Leger, 752 N.E.2d 799 (Mass. App. Ct. 2001). · cites it 7× “He argues further that, because he reasonably believed that the restraining order was not in effect on April 21, 1999, the Commonwealth’s proof of his guilt was deficient; that the complaint should have been dismissed because the issuance of process was not preceded by notice…”

Victory Distributors, Inc. v. Ayer Div. of the Dist. Court Dep't, 755 N.E.2d 273 (Mass. 2001). · cites it 4× “By enacting G. L. c. 218, § 35A, the Legislature acknowledged that a private citizen can file an application for the issuance of a criminal complaint for a misdemeanor.”

Eagle-Tribune Publ'g Co. v. Clerk-Magistrate of the Lawrence Div. of the Dist. Court Dep't, 35 Media L. Rep. (BNA) 1585 (Mass. 2007). · cites it 6× “Pursuant to G. L. c. 218, § 35A, a “show cause” hearing before a clerk-magistrate was scheduled, which the court indicated would be closed to the public.”

Commonwealth v. Robinson, 825 N.E.2d 1021 (Mass. 2005). · cites it 2× “See G. L. c. 218, § 35A. The three incidents described above appear to have formed the basis of the complaint.”

Commonwealth v. DiBennadetto, 764 N.E.2d 338 (Mass. 2002). · cites it 2× “They provide only that “the person *313 against whom such complaint is made [with certain exceptions not here relevant], shall be given an opportunity to be heard in opposition to the issuance of process [based on such application].”

Commonwealth v. Wade, 360 N.E.2d 867 (Mass. 1977). · cites it 6× “90C, § 1, his request was timely under G. L. c. 218, § 35A. We must determine which of these time periods applies to requests for hearings after the issuance of a citation for a violation of the automobile law.”

Dist. Attorney for the Norfolk Dist. v. Quincy Div. of the Dist. Court Dep't, 827 N.E.2d 172 (Mass. 2005). · cites it 3× “See G. L. c. 218, § 35A. See also Commonwealth v.”

In the Matter of an Application for a Crim. Complaint, 75 N.E.3d 1110 (Mass. 2017). · cites it 2× “G. L. c. 218, § 35A. The petitioner moved for reconsideration and change of venue.”

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