1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

More documents

Recommendations

Info

ALM GL ch. 209A, § 1 Page 2 the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship. "Law officer", any officer authorized to serve criminal process. "Protection order issued by another jurisdiction", any injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or tribal court that is issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection. "Vacate order", court order to leave and remain away from a premises and surrendering forthwith any keys to said premises to the plaintiff. The defendant shall not damage any of the plaintiff's belongings or those of any other occupant and shall not shut off or cause to be shut off any utilities or mail delivery to the plaintiff. In the case where the premises designated in the vacate order is a residence, so long as the plaintiff is living at said residence, the defendant shall not interfere in any way with the plaintiff's right to possess such residence, except by order or judgment of a court of competent jurisdiction pursuant to appropriate civil eviction proceedings, a petition to partition real estate, or a proceeding to divide marital property. A vacate order may include in its scope a household, a multiple family dwelling and the plaintiff's workplace. When issuing an order to vacate the plaintiff's workplace, the presiding justice must consider whether the plaintiff and defendant work in the same location or for the same employer. HISTORY: 1978, 447, § 2; 1983, 678, § 2; 1986, 310, § 15; 1990, 403, § 2; 1996, 298, § 1; 1996, 450, § 232. NOTES: Editorial Note The 1983 amendment rewrote the definition of "Court" to include the family or Boston municipal court departments of the trial court. The 1986 amendment rewrote the definition of "Family or household member" by adding former household member, and parent of the plaintiff's minor child. The 1990 amendment in the opening paragraph, substituted "As used" for "The following words as used"; in paragraph (c) of the definition of "Abuse", substituted "threat" for "threat of force"; in the definition of "Court", inserted ", except when the petitioner is in a dating relationship when 'Court' shall mean district, probate, or Boston municipal courts"; restructured and changed the definition of "Family or household member" to be applicable and refer to "Family or household members"; and inserted the definition of "Vacate order." 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.
ALM GL ch. 209A, § 1 Page 3 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 1996 amendment, (ch 298), inserted the definition "Protection order issued by another jurisdiction". The second 1996 amendment, (ch 450), made grammatical changes in subparagraph (d) of the definition "Family or household members." Cross References State Police forms for reporting incidents to include space to indicate abuse as defined in this section, ALM GL c 22C, § 49. Protection and care of children, and proceedings against them, ALM GL c 119, § 1 et seq. Jurisprudence 24 Am Jur 2d, Divorce & Separation §§ 265-268. Annotations Validity and application of statute allowing endangered child to be temporarily removed from parental custody. 38 ALR4th 756. "Cohabitation" for purposes of domestic violence statutes. 71 ALR5th 285. 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 6.720, Violation of an Abuse Prevention Order. Estate Planning for the Aging or Incapacitated Client § 11.3.1, Abuse. Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) §§ 4.05, 4.09, 22:8-22:10, 22:26, 22:29, 22:41, 51:2, Form 208. Massachusetts Divorce Law Practice Manual § 25.7, Renewal of Protective Orders. Law Reviews
Page 1: Page 1 1 of 15 DOCUMENTS ANNOTATED
Page 5 and 6: ALM GL ch. 209A, § 1 Page 5 Cokler
Page 7 and 8: ALM GL ch. 209A, § 1 Page 7 he con
Page 9 and 10: ALM GL ch. 209A, § 1 Page 9 Common
Page 11 and 12: ALM GL ch. 209A, § 2 Page 11 Treat
Page 13 and 14: Page 13 3 of 15 DOCUMENTS ANNOTATED
Page 15 and 16: ALM GL ch. 209A, § 3 Page 15 (i) t
Page 17 and 18: ALM GL ch. 209A, § 3 Page 17 The 2
Page 19 and 20: ALM GL ch. 209A, § 3 Page 19 of Do
Page 21 and 22: ALM GL ch. 209A, § 3 Page 21 resul
Page 23 and 24: ALM GL ch. 209A, § 3 Page 23 Past
Page 25 and 26: ALM GL ch. 209A, § 3 Page 25 797 N
Page 27 and 28: ALM GL ch. 209A, § 3 Page 27 order
Page 29 and 30: ALM GL ch. 209A, § 3A Page 29 ABA
Page 31 and 32: ALM GL ch. 209A, § 3B Page 31 for
Page 37 and 38: ALM GL ch. 209A, § 4 Page 37 Brisk
Page 41 and 42: ALM GL ch. 209A, § 5 Page 41 only
Page 45 and 46: Page 45 10 of 15 DOCUMENTS ANNOTATE
Page 47 and 48: ALM GL ch. 209A, § 6 Page 47 Whene
Page 49 and 50: ALM GL ch. 209A, § 6 Page 49 Const
Page 51 and 52: Page 51 11 of 15 DOCUMENTS ANNOTATE
Page 53 and 54:
ALM GL ch. 209A, § 7 Page 53 shelt
Page 55 and 56:
ALM GL ch. 209A, § 7 Page 55 Massa
Page 57 and 58:
ALM GL ch. 209A, § 7 Page 57 did n
Page 59 and 60:
ALM GL ch. 209A, § 7 Page 59 "voic
Page 61 and 62:
ALM GL ch. 209A, § 7 Page 61 conte
Page 63 and 64:
ALM GL ch. 209A, § 7 Page 63 Given
Page 65 and 66:
ALM GL ch. 209A, § 8 Page 65 The 1
Page 67 and 68:
Page 67 § 9. Form of Complaint. 13
Page 69 and 70:
Page 69 14 of 15 DOCUMENTS ANNOTATE
Page 71 and 72:
Page 92 and 93:
Page 1 § 1. Definitions. 1 of 12 D
Page 94 and 95:
Page 3 § 2. Jurisdiction. 2 of 12
Page 96 and 97:
ALM GL ch. 258E, § 3 Page 5 until
Page 98 and 99:
Page 7 § 4. Nature of Complaint. 4
Page 100 and 101:
Page 9 6 of 12 DOCUMENTS ANNOTATED
Page 102 and 103:
Page 11 7 of 12 DOCUMENTS ANNOTATED
Page 104 and 105:
ALM GL ch. 258E, § 8 Page 13 appli
Page 106 and 107:
Page 15 § 9. Review of Records. 9
Page 108 and 109:
Page 110 and 111:
Page 19 § 12. Assessment Fee. 12 o
Page 112 and 113:
ALM GL ch. 269, § 17 Page 2 68 Am
Page 114 and 115:
ALM GL ch. 269, § 18 Page 4 Edelma
Page 116 and 117:
ALM GL ch. 266, § 126A Page 2 The
Page 118:
ALM GL ch. 266, § 126B Page 4 Mass
show all

1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

Create successful ePaper yourself

Delete template?

Save as template?