WeVote
Log In

Bill

Bill

H 1822

An Act relative to harassment prevention orders

194th Legislature (2025-2026) Introduced by Mike Kushmerek

Allows remote hearings and alternative service for harassment prevention orders when plaintiffs can't appear or service fails, speeding protection and due process.

Hearing scheduled for 09/09/2025 from 01:00 PM-05:00 PM in A-2
0
WeVote Research Nonpartisan
Bill Summary · H 1822

Summary: H.1822 An Act relative to harassment prevention orders

Overview

H.1822, introduced February 27, 2025 by Representative Michael P. Kushmerek (3rd Worcester), seeks to modify Massachusetts harassment prevention orders by adding provisions that address hearing accessibility and service of process. The bill is under consideration in the Judiciary Committee, with a scheduled hearing on September 9, 2025 (01:00 PM–05:00 PM in hearing room A-2; some scheduling notes indicate a related virtual option).

Purpose and intent

  • Improve accessibility of harassment prevention order proceedings when a plaintiff cannot physically appear in court.
  • Clarify and broaden methods for serving court documents when traditional in-hand service is difficult or impossible.
  • Align harassment prevention order procedures with practical realities in cases involving mobility or evasion concerns, while ensuring proper court record-keeping.

Key provisions and changes

Amendments to Chapter 258E (Harassment Prevention Orders)

  • Section 13: Allows the court, at its discretion, to conduct a hearing by speakerphone or video if the plaintiff’s physical condition prevents in-person appearance, whether permanently or within the ten court business days after notice. The hearing should occur in a courtroom setting so that it is recorded.
  • Section 14: Enables alternative service methods when in-hand service cannot be made due to unknown defendant whereabouts, evasion, or other reasons, provided a law enforcement agency has made a conscientious and reasonable effort to effect service but failed. The judge may authorize alternative service.

Amendments to Chapter 209A (Domestic Violence)

  • Section 12: Mirrors the above service provision for domestic violence harassment prevention orders, allowing alternative service if in-hand service is unsuccessful after reasonable efforts.

Who is affected

  • Plaintiffs seeking harassment prevention orders under Chapters 258E and 209A.
  • Defendants in harassment protection proceedings, particularly in cases where traditional service or in-person appearances are problematic.
  • Courts and law enforcement, which would implement and facilitate alternative hearing methods and service.

Procedural and timeline aspects

  • Introduced/Filed: January 17, 2025 (House No. 1822), with sponsor Kushmerek; referred to The Judiciary on February 27, 2025.
  • Status: Hearing scheduled for September 9, 2025 (01:00 PM–05:00 PM) in A-2 (with scheduling notes indicating a virtual option on some dates).
  • Related: House Docket No. 4000; related HD 4000 exists (replaces) in the same legislative family.

Practical implications

  • Increased flexibility for courts to ensure timely harassment protection hearings, preserving due process even if plaintiffs cannot attend in person.
  • Expanded avenues for serving orders, reducing delays caused by service complications.
  • Requires recording for remote hearings, maintaining a court record similarly to in-person proceedings.

Next steps

  • Monitor the Judiciary Committee’s action and the September 9, 2025 hearing for any amendments or amendments to service and remote-hearing protocols.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.