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Massachusetts Law About Domestic Violence

Massachusetts Laws

Primary Domestic Violence Law

Other Laws Related to Domestic Violence

Massachusetts Regulations

Massachusetts Guidelines

Domestic Violence Law Enforcement Guidelines, Mass. Executive Office of Public Safety, January 2009. "These guidelines set forth appropriate and effective responses to domestic violence for police departments in Massachusetts."

Guidelines for Judicial Practice: Abuse Prevention Proceedings, Mass. Trial Court

Selected Case Law

Champagne v. Champagne, 429 Mass. 324, 708 NE2d 100 (1999). Court held that "Probate and Family Court has statutory authority to issue permanent protective orders in divorce proceedings and to incorporate them into final judgments of divorce nisi."

Commonwealth v. Collier, 427 Mass. 385, 693 NE2d 673 (1998). "Where third party is involved in act that results in violation of protective order...Commonwealth is required to prove beyond a reasonable doubt an intentional act by defendant which led to violation."

Commonwealth v. Gonsalves, 445 Mass. 1 (2005). Most statements given to police investigating a crime may not be used at trial unless the witness can be cross-examined.

Commonwealth v. Jacobsen, 419 Mass. 269, 644 NE2d 213 (1995). A warrantless arrest for abuse may be made under M.G.L. Ch. 209A, Sect. 6(7) if there is reason to believe a person is in fear of serious imminent physical harm.

Rauseo v. Rauseo, 50 Mass.App.Ct. 911, 740 NE2d 1063 (2001) Court held that even the sending of flowers by defendant who was under abuse prevention order could be construed by wife as a hostile and threatening act in light of the existing order.

Szymkowski v. Szymkowski, 57 Mass.App.Ct. 284, 782 NE2d 1085 (2003) "Court should not issue an M.G.L. Ch. 209A order simply because it seems to be a good idea or because it seems it will not cause the defendant any real inconvenience as a Ch. 209A order will infallibly cause inconvenience; in considering whether to issue a Ch. 209A order, the judge must focus on whether serious physical harm is imminent, and a generalized apprehension does not rise to the level of fear of imminent serious physical harm."

Forms

Domestic Violence Forms

Other Web Sources

Battered Women's Resources, Governor's Commission on Domestic Violence.

Domestic Violence, Mass. Legal Help. "The Domestic Violence section of MassLegalHelp has important information for victims and survivors of domestic violence about their rights concerning child support, housing, employment, immigration, making it on your own, criminal complaints, Chapter 209A Abuse Prevention Orders ("restraining orders"), custody and visitation, separation and divorce, paternity, the Department of Social Services, personal property, and doing a case in the Probate and Family Court."

A Guide to How Probate and Family Courts Handle Cases Involving Domestic Violence, Community Legal Services and Counseling Center.

Jane Doe, Inc. Web site provides information and referrals for battered men and women; also has a statewide online resource guide . Web site lists a toll-free "Safelink" hotline that is available 24 hours per day: 877-785-2020.

"There is No Room for Abuse in Any Home:" A guide to resources available to families impacted by violence and abuse. Suffolk Register of Probate.

Restraining Order Violators, Corrective Programming and Recidivism, Mass. Commissioner of Probation. Statistical analysis of the effectiveness of certified batterer programs, anger management programs, substance abuse treatment and mental health counseling in reducing domestic violence recidivism.

Safety Issues: Family Law Advocacy for Low and Moderate Income Litigants, 2d ed., 2008. Chapter 3. Mass. Legal Services. "This chapter covers information about how the law can help you if you are a victim of domestic violence and what help is available for children who have been abused or neglected. This chapter contains basic information on how to obtain a restraining order (an order that aims to protect you from abuse and also known as an abuse prevention order); how to defend yourself against the same kind of order; an overview of Department of Social Services (DSS) child abuse investigations; and how all of this can affect a family law court case." New!

Where Do We Go From Here: A Self-Help Guide for Domestic Violence Survivors and Advocates, An AmeriCorps project of Western Massachusetts Legal Services, 2008. Online book covers safety planning, finding shelter, child support, criminal complaints, 209A orders, custody, visitation, divorce, paternity, DSS, property and cases in probate and family court. Includes many sample forms.

Women's Law.org. "The Mission of WomensLaw.org is to provide easy-to-understand legal information and resources to women living with or escaping domestic violence or sexual assault."

Print Sources

"Every Breath You Take: Massachusetts Steps Up Its Efforts to Stop Stalkers," by J. Thomas Kirkman, 85 Massachusetts Law Review 174 (Spring 2001).

Massachusetts Domestic Relations, 4th ed., by John V. Harvey, Lexis, 2003 with supplement, Chapter 22 (Includes forms).

"New Unemployment Benefits Relief for Domestic Violence Victims," by Monica Halas and Pauline Quirion, 20 Massachusetts Family Law Journal 32 (August 2002).

"Nicholson v. Williams: Who is Failing to Protect Whom? Collaborating the Agendas of Child Welfare Agencies and Domestic Violence Services to Better Protect and Support Battered Mothers and Their Children," 38 New England Law Review 725 (Spring 2004). Also available online to library card holders through Hein Online.

Obtaining, Enforcing, & Defending c. 209A Restraining Orders in Mass., MCLE no. 2005-31025-22, 2004.

"The 'Other' Victims: Can We Hold Parents Liable for Failing to Protect Their Children from Harms of Domestic Violence?" 31 New England Journal on Criminal & Civil Confinement 271 (Winter 2005). Also available online to library card holders through Hein Online.

Organizations


DOVE, Inc.
PO Box 311
Milton, MA 02186

or

PO Box 690267
Quincy, MA 02269
1-888-314-DOVE (3683)

"DOVE, Inc. is committed to serving communities, families, and individuals impacted by domestic violence. We seek to empower our clients and the community by providing safety, shelter, education, and support services. By promoting an environment free from abuse, we strive to see - Domestic Violence Ended."

Jane Doe, Inc.
14 Beacon St., Suite 507
Boston, MA 02108
(617) 248-0922 ext. 212

Web site provides information and referrals for battered men and women; also has a statewide online resource guide. Web site lists a toll-free "Safelink" hotline that is available 24 hours per day: 877-785-2020.

Mass. Office for Victim Assistance
One Ashburton Place, Room 1101
Boston, MA 02108.
(617) 727-5200.

Coordinates victim assistance programs on a statewide basis.