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ALM GL ch. 209A, § 5 Page 42 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/ CASE NOTES Failure to serve defendant with copy of extended abuse prevention order did not deprive District Court of subject matter jurisdiction and was not required before defendant could be convicted of violating order, where defendant was served with temporary order at his last and usual place of abode and that order warned that if he failed to appear extended order may remain in effect. Commonwealth v. Delaney (1997) 425 Mass 587, 682 NE2d 611, 1997 Mass LEXIS 187, cert den (1998) 522 US 1058, 139 L Ed 2d 655, 118 S Ct 714, 1998 US LEXIS 216. Personal service of protective order is not required if Commonwealth can show that defendant had actual or constructive knowledge of existence and terms of court order. Commonwealth v. Molloy (1998) 44 Mass App 306, 690 NE2d 836, 1998 Mass App LEXIS 29, review denied (1998) 427 Mass 1107, 699 NE2d 851, 1998 Mass LEXIS 452. District Judge had the inherent authority to expunge a record of a ALM GL c 209A civil abuse protection order from the statewide domestic violence registry system in the rare and limited circumstance that: (1) the judge found through clear and convincing evidence that the order was obtained through fraud on the court; (2) neither vacation of the order, nor sealing of the record was sufficient to protect the integrity of the courts, did not send an appropriate message to the public, and left a record of the order in the system; and (2) the potential harm to the courts and to the victim of the order outweighed the governmental interest in maintaining and disseminating the fraudulently obtained order, because it contained absolutely no informational purpose; however, because the action was initiated by a private plaintiff, ALM GL c 261, § 14 did not authorize the District Court judge to levy costs against the Commissioner due to the Commissioner's failure to attend a hearing on a motion to destroy all copies of the ALM GL c 209A order. Comm'r of Prob. v. Adams (2006) 65 Mass App 725, 843 NE2d 1101, 2006 Mass App LEXIS 262.
Page 43 9 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS Copyright © 2013 Matthew Bender & Company, Inc., a member of the LexisNexis Group All rights reserved *** Current through Acts 464 of the 2012 Legislative Session *** PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS TITLE III DOMESTIC RELATIONS Chapter 209A Abuse Prevention GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY ALM GL ch. 209A, § 5A (2012) § 5A. Protection Orders Issued By Another Jurisdiction. Any protection order issued by another jurisdiction, as defined in section one, shall be given full faith and credit throughout the commonwealth and enforced as if it were issued in the commonwealth for as long as the order is in effect in the issuing jurisdiction. A person entitled to protection under a protection order issued by another jurisdiction may file such order in the superior court department or the Boston municipal court department or any division of the probate and family or district court departments by filing with the court a certified copy of such order which shall be entered into the statewide domestic violence record keeping system established pursuant to the provisions of section seven of chapter one hundred and eighty-eight of the acts of nineteen hundred and ninety-two and maintained by the office of the commissioner of probation. Such person shall swear under oath in an affidavit, to the best of such person's knowledge, that such order is presently in effect as written. Upon request by a law enforcement agency, the register or clerk of such court shall provide a certified copy of the protection order issued by the other jurisdiction. A law enforcement officer may presume the validity of, and enforce in accordance with section six, a copy of a protection order issued by another jurisdiction which has been provided to the law enforcement officer by any source; provided, however, that the officer is also provided with a statement by the person protected by the order that such order remains in effect. Law enforcement officers may rely on such statement by the person protected by such order. HISTORY: 1996, 298, § 5. NOTES: Treatise References Brisk, Hoag, MacLaughin-Barck, Massachusetts Elder Law (Michie) §§ 1.7, 2.4. Law Reviews
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