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ALM GL ch. 209A, § 3<br />

Page 16<br />

HISTORY: 1978, 447, § 2; 1983, 678, § 4; 1990, 403, § 3; 1998, 64, § 204; 1998, 179, § 5; 1999, 127, § <strong>15</strong>5; 2000,<br />

236, §§ 22, 23, 2002, 184, § 113.<br />

NOTES: Editorial Note<br />

Acts 1978, 447, § 2, enacted this section. Section 6 provides:<br />

Section 6. The chief justice <strong>of</strong> the superior court and the chief judge <strong>of</strong> the probate court and the chief justice <strong>of</strong> the<br />

district courts shall jointly promulgate a form <strong>of</strong> petition for chapter two hundred and nine A <strong>of</strong> the General Laws,<br />

inserted by section one <strong>of</strong> this act, which shall be simple and permit a person to file a petition himself.<br />

The 1983 amendment rewrote this section, making, among others, the following changes: (1) adding language to<br />

clause (b) relative to the duration <strong>of</strong> an order to vacate the household; (2) adding clause (f) relative to the impounding <strong>of</strong><br />

plaintiff's address; (3) adding a sentence to the second paragraph providing that plaintiff shall not be charged for copies<br />

<strong>of</strong> orders entered by the court; (4) adding a sentence to the fifth paragraph requiring the complaining party to disclose<br />

any prior or pending divorce actions; and (5) adding two new paragraphs to the end <strong>of</strong> the section relative to procedures<br />

to be followed where there exists a prior or pending order for divorce.<br />

The 1990 amendment rewrote this section. Sections 14 through 16 provide:<br />

Section 14. The secretary <strong>of</strong> public safety shall establish a policy for law enforcement response to domestic<br />

violence consistent with the provisions <strong>of</strong> this act; provided, however, that he may revise, terminate, or revoke such<br />

policy at his discretion. Such policy shall be developed after consultation with the director <strong>of</strong> the victim assistance<br />

<strong>of</strong>fice, at least two representatives <strong>of</strong> a certified or provisionally certified batterer's treatment program, and at least four<br />

representatives from the governor's anti-crime council including at least one district attorney, one member <strong>of</strong> the<br />

Massachusetts bar experienced in criminal defense, one police chief and one judge or his designee. Such policy for law<br />

enforcement response to domestic violence shall be promulgated within six months <strong>of</strong> the effective date <strong>of</strong> this act.<br />

Section <strong>15</strong>. Each law enforcement agency shall establish and implement specific operational guidelines consistent<br />

with the policy established under the provisions <strong>of</strong> section fourteen or adopt said policy. Local operational guidelines<br />

shall be submitted to the secretary <strong>of</strong> public safety for review within sixty days <strong>of</strong> the adoption <strong>of</strong> said policy. The<br />

secretary shall provide written notice <strong>of</strong> approval <strong>of</strong> the local guidelines within thirty days <strong>of</strong> receipt <strong>of</strong> said guidelines.<br />

Upon approval, said guidelines shall be effective immediately at the local law enforcement agency. Prior to, or in the<br />

absence <strong>of</strong> approved guidelines, the law enforcement agency shall implement said policy.<br />

Section 16. Within six months <strong>of</strong> the effective date <strong>of</strong> this act, guidelines and standards for the certification <strong>of</strong><br />

batterer's treatment programs by the department <strong>of</strong> public health shall be set up by a commission to be established by<br />

the chief justice <strong>of</strong> the trial court department, one member <strong>of</strong> which shall be a district attorney or his designee, two <strong>of</strong><br />

which shall be members <strong>of</strong> a recognized batterer's treatment program with training experience, two <strong>of</strong> which shall be<br />

members <strong>of</strong> a domestic violence program or the statewide coalition <strong>of</strong> programs which provide services to victims <strong>of</strong><br />

domestic violence and one <strong>of</strong> whom shall be a member from a probation department. Prior to the establishment <strong>of</strong> such<br />

guidelines and standards, the department <strong>of</strong> public health may provisionally certify batterer's treatment programs<br />

pursuant to regulations promulgated by the department. Such provisional certification shall expire upon establishment<br />

<strong>of</strong> guidelines under this section. The department <strong>of</strong> public health shall thereafter certify and monitor batterer's treatment<br />

programs according to the standards established and promulgated by the commission. Programs so certified shall be the<br />

only batterer's treatment programs appropriate for court referrals.<br />

The first 1998 amendment, (ch 64), in the first paragraph, revised subparagraph (e).<br />

The second 1998 amendment, (ch 179), in the first paragraph, rewrote subparagraph (d).<br />

The 1999 amendment in paragraph (g) <strong>of</strong> the first paragraph, substituted "8" for "nine".

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