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ALM GL ch. 209A, § 4 Page 36 The 1984 amendment purported to substitute "schedule" for "schedule" in the second paragraph, but such amendment could not be executed. The 1990 amendment in the first paragraph, added at the end ", or paternity action"; in the second sentence of the second paragraph, changed from seven to ten the number of days a defendant has to appear; and added the third and fourth paragraphs. Sections 14-16 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. Cross References 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. Annotations 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.
ALM GL ch. 209A, § 4 Page 37 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. Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) §§ 4.13, 22:12, 22:20-22:24, 22:35, 22:62, 51:2, Form 208. Law Reviews Collaboration and Coercion. Hastings Women's Law Journal (Winter, 2013). Closing the Loophole in Massachusetts Protection Order Legislation to Provide Greater Security for Victims of Sexual Assault: Has Massachusetts General Laws Chapter 258E Closed It Enough 17 Suffolk J. Trial & App. Adv. 102 (2012). Buel, Violence Against Women: Effective Assistance of Counsel for Battered Women Defendants: A Normative Construct. 26 Harv Women's LJ 217. Lininger, A Better Way to Disarm Batterers. 54 Hastings LJ 525 (March, 2003). Taylor, Ex Parte Domestic Violence Orders of Protection: How Easing Access To Judicial Process Has Eased the Possibility for Abuse of the Process. 18 Kan. J.L. & Pub. Pol'y 83 (Fall, 2008). Long, Commonwealth v. Gonsalves: Erroneously Expanding the Concept of Police Interrogation Set Forth in Crawford v. Washington to Include Investigatory Police Interrogations. 33 N.E. J. on Crim. & Civ. Con. 171 (Winter, 2007). Syrnick, Shifting the Burden: An Argument for a Rebuttable Presumption against Visitation during a 209A Restraining Order Proceeding. 43 New Eng. L. Rev. 645 (Spring, 2009). Gresens, Denying Choice of Forum: An Interference by the Massachusetts Trial Court with Domestic Violence Victims' Rights and Safety. 43 Suffolk U. L. Rev. 293 (2010). Buel and Drew, Do Ask and Do Tell: Rethinking the Lawyer's Duty to Warn in Domestic Violence Cases. 75 U. Cin. L. Rev. 447 (Winter, 2006). Web References ABA Domestic Violence Section, see www.abanet.org/domviol/home.html ABA Family Law Section, see www.abanet.org/family/home.html Department of Social Services, see www.state.ma.us/dss/ Legal Information Institute's Divorce Law Overview, see www.law.cornell.edu/topics/divorce.html Legal Information Institute's Marriage Law Overview, see www.law.cornell.edu/topics/marriage.html Probate and Family Court, see www.state.ma.us/courts/courtsandjudges/courts/probateandfamilycourt/
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