Statutes: Massachusetts

Since personal jurisdiction is a defense that must be raised, it need not be addressed at the ex parte hearing and the judge should issue any and all orders necessary to protect the plaintiff from further abuse.

Even in the absence of personal jurisdiction over a non-resident defendant, a court may nevertheless issue an abuse prevention order, provided that the order does not impose any affirmative duties on the defendant. See Guideline 4:01A Ex Parte Orders and a Non-Resident Defendant.