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ALM GL ch. 209A, § 3 Page 16 HISTORY: 1978, 447, § 2; 1983, 678, § 4; 1990, 403, § 3; 1998, 64, § 204; 1998, 179, § 5; 1999, 127, § 155; 2000, 236, §§ 22, 23, 2002, 184, § 113. NOTES: Editorial Note Acts 1978, 447, § 2, enacted this section. Section 6 provides: Section 6. The chief justice of the superior court and the chief judge of the probate court and the chief justice of the district courts shall jointly promulgate a form of petition for chapter two hundred and nine A of the General Laws, inserted by section one of this act, which shall be simple and permit a person to file a petition himself. The 1983 amendment rewrote this section, making, among others, the following changes: (1) adding language to clause (b) relative to the duration of an order to vacate the household; (2) adding clause (f) relative to the impounding of plaintiff's address; (3) adding a sentence to the second paragraph providing that plaintiff shall not be charged for copies of orders entered by the court; (4) adding a sentence to the fifth paragraph requiring the complaining party to disclose any prior or pending divorce actions; and (5) adding two new paragraphs to the end of the section relative to procedures to be followed where there exists a prior or pending order for divorce. The 1990 amendment rewrote this section. Sections 14 through 16 provide: Section 14. The secretary of public safety shall establish a policy for law enforcement response to domestic violence consistent with the provisions of this act; provided, however, that he may revise, terminate, or revoke such policy at his discretion. Such policy shall be developed after consultation with the director of the victim assistance office, at least two representatives of a certified or provisionally certified batterer's treatment program, and at least four representatives from the governor's anti-crime council including at least one district attorney, one member of the Massachusetts bar experienced in criminal defense, one police chief and one judge or his designee. Such policy for law enforcement response to domestic violence shall be promulgated within six months of the effective date of this act. Section 15. Each law enforcement agency shall establish and implement specific operational guidelines consistent with the policy established under the provisions of section fourteen or adopt said policy. Local operational guidelines shall be submitted to the secretary of public safety for review within sixty days of the adoption of said policy. The secretary shall provide written notice of approval of the local guidelines within thirty days of receipt of said guidelines. Upon approval, said guidelines shall be effective immediately at the local law enforcement agency. Prior to, or in the absence of approved guidelines, the law enforcement agency shall implement said policy. Section 16. Within six months of the effective date of this act, guidelines and standards for the certification of batterer's treatment programs by the department of public health shall be set up by a commission to be established by the chief justice of the trial court department, one member of which shall be a district attorney or his designee, two of which shall be members of a recognized batterer's treatment program with training experience, two of which shall be members of a domestic violence program or the statewide coalition of programs which provide services to victims of domestic violence and one of whom shall be a member from a probation department. Prior to the establishment of such guidelines and standards, the department of public health may provisionally certify batterer's treatment programs pursuant to regulations promulgated by the department. Such provisional certification shall expire upon establishment of guidelines under this section. The department of public health shall thereafter certify and monitor batterer's treatment programs according to the standards established and promulgated by the commission. Programs so certified shall be the only batterer's treatment programs appropriate for court referrals. The first 1998 amendment, (ch 64), in the first paragraph, revised subparagraph (e). The second 1998 amendment, (ch 179), in the first paragraph, rewrote subparagraph (d). The 1999 amendment in paragraph (g) of the first paragraph, substituted "8" for "nine".
ALM GL ch. 209A, § 3 Page 17 The 2000 amendment, effective Sept 28, 2000, by § 22, substituted paragraph (g) of the first paragraph, which formerly read: "ordering the plaintiff's address to be impounded as provided in section 8" and by § 23, substituted the fourth paragraph of paragraph (i) of the first paragraph, which formerly read: "The court may modify its order at any subsequent time upon motion by either party. When the plaintiff's address is impounded and the defendant has filed a motion to modify the court's order, the court shall be responsible for notifying the plaintiff. In no event shall the court disclose any impounded address." Section 100 provides: Section 100. Sections 22, 23 and 24 shall apply to complaints filed pursuant to chapter 209A of the General Laws, on or after 90 days following enactment. The 2002 amendment, effective July 1, 2002, in paragraph (i) of the first paragraph, substituted "batterer's intervention program that is certified by the department of public health" for "recognized batterer's treatment program." Cross References Age limitation as to reports concerning abused and neglected children, ALM GL c 119, § 51A. Abuse of child under 16 years of age, ALM GL c 265, § 23. Penalty for committing crime of stalking in violation of order or judgment issued pursuant to this section, ALM GL c 265, § 43. Jurisprudence 24 Am Jur 2d, Divorce & Separation §§ 265-268. 33 Am Jur Proof of Facts 3d 303, Proving Child Sexual Abuse in Custody or Visitation Dispute. Annotations Admissibility of expert medical testimony on battered child syndrome. 98 ALR3d 306. Validity and application of statute allowing endangered child to be temporarily removed from parental custody. 38 ALR4th 756. Treatise References Blumenson, Fisher, & Kanstroom, Massachusetts Criminal Practice (Michie) § 50. Brisk, Hoag, MacLaughin-Barck, Massachusetts Elder Law (Michie) §§ 1.7, 2.4. CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.180, Assault and Battery on a Person Protected by an Abuse Prevention Order. CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.360, Assault and Battery with a Dangerous Weapon on a Person Protected by an Abuse Prevention Order. CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.680, Stalking. Cross, Fleischner, Elder, Guardianship and Conservatorship in Massachusetts, 2d Ed. (Michie) § 9.02. Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) §§ 4.11, 4.16, 6.02, 9.02, 17.01, 22:12, 22:17, 22:27-22:38, 22:44-22:46, 51:2, Form 208.
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