1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...
1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...
1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...
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ALM GL ch. 209A, § 7<br />
Page 54<br />
The 1994 amendment in the first sentence <strong>of</strong> the second paragraph, following "summons", inserted "and notice <strong>of</strong><br />
any suspension or surrender ordered pursuant to section three B <strong>of</strong> this chapter."<br />
The 1995 amendment, in the fifth paragraph, added the last sentence. Sections 141 and 142 provide:<br />
Section 141. Each provision <strong>of</strong> this act, shall, regardless <strong>of</strong> whether it includes a specific proviso, be subject to<br />
federal approval, if required, and federal financial participation. In any case in which the state fails to receive a waiver<br />
for any said provision <strong>of</strong> this act or otherwise would fail to receive federal financial participation in the implementation<br />
<strong>of</strong> such provision, then such provision shall not be implemented unless the full amount required for said implementation<br />
without federal participation is appropriated for said implementation.<br />
Section 142. Any provision <strong>of</strong> this act that is inconsistent with federal law or regulations shall be void unless the<br />
department receives an exemption or waiver from the federal government to implement said provision.<br />
The 1996 amendment in the fifth and eighth paragraphs, following "order" inserted "or a protection order issued<br />
by another jurisdiction."<br />
The 2002 amendment, effective July 1, 2002, in the fifth paragraph, substituted the second and third sentences,<br />
which formerly read: "Where the defendant has no prior record <strong>of</strong> any crime <strong>of</strong> violence and where the court believes,<br />
after evaluation by a certified or provisionally certified batterer's treatment program, that the defendant is amenable to<br />
treatment, the court may, in addition to any other penalty, order appropriate treatment as specified in this section."<br />
The 2003 amendment, effective July 1, 2003, in the fifth paragraph, inserted "In addition to, but not in lieu <strong>of</strong>, the<br />
forgoing penalties and any other sentence, fee or assessment, including the victim witness assessment in section 8 <strong>of</strong><br />
chapter 258B, the court shall order persons convicted <strong>of</strong> a crime under this statute to pay a fine <strong>of</strong> $25 that shall be<br />
transmitted to the treasurer for deposit into the General Fund" following the first sentence.<br />
The 2006 amendment, effective Apr. 3, 2007, inserted the eighth paragraph.<br />
Jurisprudence<br />
24 Am Jur 2d, Divorce & Separation §§ 265-268.<br />
Annotations<br />
Validity and application <strong>of</strong> statute allowing endangered child to be temporarily removed from parental custody. 38<br />
ALR4th 756.<br />
Treatise References<br />
Blumenson, Fisher, & Kanstroom, Massachusetts Criminal Practice (Michie) § 50.<br />
Brisk, Hoag, MacLaughin-Barck, Massachusetts Elder Law (Michie) §§ 1.7, 2.4.<br />
CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 2.520, Imposing Sentence.<br />
CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.680, Stalking.<br />
CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.720, Violation <strong>of</strong> an Abuse Prevention<br />
Order.<br />
Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) §§ 4.<strong>15</strong>, 9.05, 22:18, 22:37-22:39,<br />
22:47, 22:49-22:51, 23:62, 51:2, Form 208.