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ALM GL ch. 209A, § 8<br />

Page 65<br />

The 1999 amendment added the third paragraph.<br />

The 2000 amendment, effective Sept 28, 2000, deleted the former first and third paragraphs and added the current<br />

second paragraph. The former first paragraph read: "Upon the request <strong>of</strong> the plaintiff, the court shall impound the<br />

plaintiff's address by excluding same from the complaint and from all other court documents which are available for<br />

public inspection or a protection order issued by another jurisdiction, and shall ensure that the address is kept<br />

confidential from the defendant and defendant's attorney." The former third paragraph read: "The portions <strong>of</strong> records <strong>of</strong><br />

cases arising out <strong>of</strong> an action brought by a plaintiff under the provisions <strong>of</strong> this chapter, which consist <strong>of</strong> such plaintiff's<br />

current residential address, former residential address, residential telephone number and workplace name, address and<br />

telephone number, shall be kept confidential from the defendant and defendant's attorney and shall be withheld from<br />

public inspection except by order <strong>of</strong> the court; provided, however, that such portions <strong>of</strong> such records shall be accessible<br />

at all reasonable times to inspection by the plaintiff, the plaintiff's attorney and to others specifically authorized by the<br />

plaintiff to obtain such information; and provided, further, that such portions <strong>of</strong> such records shall not be kept<br />

confidential from the defendant and the defendant's attorney if they are required to appear on a court order against such<br />

defendant issued under the provisions <strong>of</strong> this chapter. Such portion <strong>of</strong> the records shall not be deemed to be public under<br />

the provisions <strong>of</strong> clause 26th <strong>of</strong> section 7 <strong>of</strong> chapter 4. Upon request <strong>of</strong> the plaintiff, the court shall impound the<br />

plaintiff's current and former residential address, telephone number and workplace name, address and telephone number<br />

consistent with this section." Section 100 provides:<br />

Section 100. Sections 22, 23 and 24 shall apply to complaints filed pursuant to chapter 209A <strong>of</strong> the General Laws,<br />

on or after 90 days following enactment.<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 />

Brisk, Hoag, MacLaughin-Barck, Massachusetts Elder Law (Michie) §§ 1.7, 2.4.<br />

Harvey, Moriarty, Bryant, Massachusetts Domestic Relations, 2d Ed. (Michie) §§ 4.12, 16.02, 51:2, Form 208.<br />

Law Reviews<br />

Buel, Violence Against Women: Effective Assistance <strong>of</strong> Counsel for Battered Women Defendants: A Normative<br />

Construct. 26 Harv Women's LJ 217.<br />

Lininger, A Better Way to Disarm Batterers. 54 Hastings LJ 525 (March, 2003).<br />

Long, Commonwealth v. Gonsalves: Erroneously Expanding the Concept <strong>of</strong> Police Interrogation Set Forth in<br />

Crawford v. Washington to Include Investigatory Police Interrogations. 33 N.E. J. on Crim. & Civ. Con. 171 (Winter,<br />

2007).<br />

Tracia, Navigating the Waters <strong>of</strong> Massachusetts Child Relocation Law: Assessing The Application <strong>of</strong> the Real<br />

Advantage Standard. 13 Suffolk J. Trial & App. Adv. 139 (2008).<br />

Buel and Drew, Do Ask and Do Tell: Rethinking the Lawyer's Duty to Warn in Domestic Violence Cases. 75 U.<br />

Cin. L. Rev. 447 (Winter, 2006).

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