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ALM GL ch. 209A, § 5 Page 40 without severe hardship due to the plaintiff's physical condition, then a representative may appear in court on the plaintiff's behalf and file the requisite complaint with an affidavit setting forth the circumstances preventing the plaintiff from appearing personally. Notice to the plaintiff and defendant and an opportunity for the defendant to be heard shall be given as provided in said section four. Any order issued under this section and any documentation in support thereof shall be certified on the next court day by the clerk-magistrate or register of the court issuing such order to the court having venue and jurisdiction over the matter. Such certification to the court shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter but shall not be deemed necessary for an emergency order issued under this section to take effect. HISTORY: 1978, 447, § 2; 1983, 678, § 4; 1990, 403, §§ 5, 6; 1996, 298, §§ 3, 4; 2011, 93, § 40. NOTES: Editorial Note The 1983 amendment substantially rewrote this section, making, among other changes, the following changes: (1) expanding the category of justices who can grant relief under this section; (2) adding other language in the first paragraph relative to notice and a subsequent hearing on such relief; (3) deleting the paragraph which provided that orders issued under this section would terminate as of the close of business on the next day the court is in session; and (4) adding language to the last paragraph to provide that certification of an order shall not be necessary for such order to take effect. The 1990 amendment in the first paragraph, added the second sentence relative to relief granted and communicated by telephone, and in the first sentence of the second paragraph, following "clerk-magistrate", inserted "or register." 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
ALM GL ch. 209A, § 5 Page 41 only batterer's treatment programs appropriate for court referrals. The 1996 amendment, by § 3, in the first sentence of the first paragraph, following "business" inserted "or the plaintiff is . . . physical condition"; and by § 4, in the first paragraph, inserted the fourth sentence. The 2011 amendment, effective July 1, 2012, substituted "chief justice of the trial court" for "chief administrative justice" in the second sentence of the first paragraph. Section 137 provides: Section 137. Sections 2 to 7, inclusive, 10 to 54, inclusive, 57 to 117, inclusive, 122, 123, 124, 125 and 127A shall take effect on July 1, 2012. 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. 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. Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) § 4.13, 51:2, Form 208. Law Reviews 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). 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).
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