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ALM GL ch. 209A, § 7 Page 54 The 1994 amendment in the first sentence of the second paragraph, following "summons", inserted "and notice of any suspension or surrender ordered pursuant to section three B of this chapter." The 1995 amendment, in the fifth paragraph, added the last sentence. Sections 141 and 142 provide: Section 141. Each provision of this act, shall, regardless of whether it includes a specific proviso, be subject to federal approval, if required, and federal financial participation. In any case in which the state fails to receive a waiver for any said provision of this act or otherwise would fail to receive federal financial participation in the implementation of such provision, then such provision shall not be implemented unless the full amount required for said implementation without federal participation is appropriated for said implementation. Section 142. Any provision of this act that is inconsistent with federal law or regulations shall be void unless the department receives an exemption or waiver from the federal government to implement said provision. The 1996 amendment in the fifth and eighth paragraphs, following "order" inserted "or a protection order issued by another jurisdiction." The 2002 amendment, effective July 1, 2002, in the fifth paragraph, substituted the second and third sentences, which formerly read: "Where the defendant has no prior record of any crime of violence and where the court believes, after evaluation by a certified or provisionally certified batterer's treatment program, that the defendant is amenable to treatment, the court may, in addition to any other penalty, order appropriate treatment as specified in this section." The 2003 amendment, effective July 1, 2003, in the fifth paragraph, inserted "In addition to, but not in lieu of, the forgoing penalties and any other sentence, fee or assessment, including the victim witness assessment in section 8 of chapter 258B, the court shall order persons convicted of a crime under this statute to pay a fine of $25 that shall be transmitted to the treasurer for deposit into the General Fund" following the first sentence. The 2006 amendment, effective Apr. 3, 2007, inserted the eighth paragraph. 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 2.520, Imposing Sentence. CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.680, Stalking. CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 6.720, Violation of an Abuse Prevention Order. Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) §§ 4.15, 9.05, 22:18, 22:37-22:39, 22:47, 22:49-22:51, 23:62, 51:2, Form 208.
ALM GL ch. 209A, § 7 Page 55 Massachusetts Divorce Law Practice Manual § 25.7.2, The Plaintiff's Burden of Proof at the Renewal Hearing. 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). Harrington, Commonwealth v. Finase: The Scope of Massachusetts Abuse Prevention Order Prosecution and Efficacy. 29 NE J on Crim & Civ Con 193 (Summer, 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). Tracia, Navigating the Waters of Massachusetts Child Relocation Law: Assessing The Application of the Real Advantage Standard. 13 Suffolk J. Trial & App. Adv. 139 (2008). 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). 93. Smith, Battered Non-Wives and Unequal Protection-Order Coverage: A Call for Reform. 23 Yale L & Pol'y Rev 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 1. In general 2. Order to refrain from abuse 3. --Violation 4. Order to vacate household 5. --Violation 6. No contact order; protective order 6.5. District Judge's authority to vacate order 7. --Violation 8. Prosecution; trial 9. --Evidence 10. --Jury instructions 11. Penalties 1. In general Record identified for destruction in third paragraph of ALM GL c 209A, § 7 is record of order previously transmitted to police department called on to serve order and subsequently vacated. Vaccaro v. Vaccaro (1997) 425
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