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ALM GL ch. 209A, § 2 Page 12 E.M. (2011) 2011 Mass. App. LEXIS 1192.
Page 13 3 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS Copyright © 2013 Matthew Bender & Company, Inc., a member of the LexisNexis Group All rights reserved *** Current through Acts 464 of the 2012 Legislative Session *** PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS TITLE III DOMESTIC RELATIONS Chapter 209A Abuse Prevention GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY ALM GL ch. 209A, § 3 (2012) § 3. Remedies Available Through Order for Protection From Abuse. A person suffering from abuse from an adult or minor family or household member may file a complaint in the court requesting protection from such abuse, including, but not limited to, the following orders: (a) ordering the defendant to refrain from abusing the plaintiff, whether the defendant is an adult or minor; (b) ordering the defendant to refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor; (c) ordering the defendant to vacate forthwith and remain away from the household, multiple family dwelling, and workplace. Notwithstanding the provisions of section thirty-four B of chapter two hundred and eight, an order to vacate shall be for a fixed period of time, not to exceed one year, at the expiration of which time the court may extend any such order upon motion of the plaintiff, with notice to the defendant, for such additional time as it deems necessary to protect the plaintiff from abuse; (d) awarding the plaintiff temporary custody of a minor child; provided, however, that in any case brought in the probate and family court a finding by such court by a preponderance of the evidence that a pattern or serious incident of abuse, as defined in section 31A of chapter 208, toward a parent or child has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent. Such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child. For the purposes of this section, an "abusive parent" shall mean a parent who has committed a pattern of abuse or a serious incident of abuse; For the purposes of this section, the issuance of an order or orders under chapter 209A shall not in and of itself constitute a pattern or serious incident of abuse; nor shall an order or orders entered ex parte under said chapter 209A be admissible to show whether a pattern or serious incident of abuse has in fact occurred; provided, however, that an order
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