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Common Legal Questions

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What is Domestic Violence?

Domestic violence, also referred to as relational violence, is a pattern of behavior that someone uses to gain and maintain power and control over another person. This behavior can/may include physical, sexual, psychological, verbal, financial, or digital acts [of abuse]. Regardless of the form of abuse/type of violence, these acts are a means of controlling another person’s thoughts, feelings, and behavior. It escalates over time, with the acts of violence happening more often and often with greater intensity.

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Emotional abuse and insulting words are almost always part of the abuse pattern, but are not considered criminal acts. However, domestic violence is illegal and perpetrators are subject to legal action/consequences. 

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Domestic violence is never the fault of the person experiencing it.. Domestic violence is not directly caused by alcohol or drug abuse, depression, lack of money, lack of a job, mental illness or abuse as a child,but these factors may increase the risk of violence. Many abusers blame the victim or other things for their violent acts and do not take responsibility for the abusive behavior. There is never an excuse for violence.

What is the legal definition of abuse?

Chapter 209A, the Massachusetts Abuse Prevention Act, defines abuse as:

 

  • attempting to cause or causing physical harm to another, or

  • placing another in fear of serious physical harm, or

  • causing another to engage in sexual relations by force, threat,or duress

  • Engaging in coercive control, which can be defined as a pattern of behavior or specific acts intended to threaten, intimidate, harass, isolate, or control a person, causing the person targeted to reasonably fear physical harm or feel reduced safety or autonomy. These acts may include: isolating victims, monitoring communications, controlling finances, harming pets, or distributing intimate images

What is a 209A order*?

An Abuse Prevention Order, called a “209A Order,” or a “protective order,” or a “restraining order,” is a civil court order intended to provide protection from abuse from a family or household member, or a dating partner. You can obtain an order against:

  • a spouse or former spouse

  • A present or former household member

  • a relative by blood or a present or former relative by marriage

  • the parent of your minor child

  • a person with whom you have or had a substantial dating relationship.

Where can I get a 209A Order?

A 209A Order can be obtained in any District Court, Superior Court , or Probate and Family Court in Massachusetts. A link to the form can be found here, though it has to be filed at the closest district court.

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An emergency 209A Order can be obtained through any police department after court hours, on weekends and holidays. You do not need a lawyer to file for a 209A Order and there is no charge for filing.

How can I get an order in district court?

Should you decide to go to a District Court for a 209A Order, you may go to the District Court in the area where you live or, if you have fled to another area to avoid abuse, you may go to the District Court in the area where you now live. Go to the Clerk’s Office in the court and ask for an “abuse prevention order”, “protective order” or a “209A Order,” You will receive a packet of forms to complete as an application for the  order.

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A Victim/Witness Advocate from the District Attorney’s Office is also available to assist with filing an order  and to discuss the option of filing criminal charges against your abuser. Ask someone at the Clerk’s Office to direct you to the District Attorney’s Victim/Witness Office for help. You do not have to file criminal charges in order to obtain a 209A Order. However, criminal charges can be helpful in holding the abuser  responsible for criminal acts committed against you.  A judge can also request court-mandated  counseling or other treatment.

What questions are asked on the form?

The application or “complaint packet” is a total of eight pages. 

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The first two are informational and go over the forms in the packet. The next two go over basic information and what you’re requesting. You have two pages included to write your statement, or affidavit, but can request additional pages if more space is needed. The last two pages go over your information as the plaintiff, and the abuser’s information as the defendant. 

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Pages 1 - 2: Overview of the order and the forms in the packet

Pages 3 - 4: Basic information, nature of abuse, relief you’re requesting

Pages 5 - 6+: Your statement, or affidavit. Do your best to be as detailed as possible. It can be helpful to start with the most recent incident and work backwards.

Last Two Pages: Plaintiff Confidential Information Form and the Defendant’s Information Form

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On the application or complaint forms for a 209A order, you are the plaintiff and the person you are filing against is the defendant. As part of the order, there is a Plaintiff Confidential Information Form where you will list your address, specifically your residential, workplace, and school address if applicable. The purpose of this is to list the location(s) in which you are requesting the defendant to stay away from. However, if it is not safe for the defendant to know your address, you can request for the addresses to be kept off the order. If you are worried about an address being available to the public or the defendant, you can opt to file a “Motion to Impound” or enroll in Massachusetts’s Address Confidentiality Program. Please ask the clerk’s office or an advocate for assistance with keeping an address private.

 

You do not have to have a residential or permanent address to file a 209A order, but the court will need an address to send documents to. Enter a safe address that you can receive mail at, such as the address of a friend or family member, a shelter, or a P.O. box. 

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As the plaintiff, you will  make a sworn statement, or affidavit, describing the facts of any recent or past incidents of abuse. It is important to provide as much information about the defendant as possible. If you do not know the defendant’s address or they are unhoused, you can enter any last known addresses or potential locations they may be. You must also disclose any other open or closed  proceedings involving you and the defendant.

What relief can I ask for on the application?

You may request the judge to order that the defendant :

  • stop  abusing you

  • have no contact with you or a child in your custody

  • Stay away from the house or apartment where you live, regardless if you lived together or whose name is on the lease/mortgage.

  • Leave or remain away from your workplace or school

  • Pay money in compensation for losses suffered as a direct result of the abuse

  • Pay temporary child support and/or alimony

  • Refrain from abusing, threatening, or taking an animal

 

You can request to have your home, workplace, and/or school address not appear on the order so the defendant does not see it. You may also request  that you receive temporary custody of your children or animals...

What about child custody and visitation?

A 209A Order from a District Court can provide you with temporary support and custody of your minor children. Only the Probate and Family Court , however, can decide child visitation rights. A 209A Order from that court may be more helpful in dealing with abuse protection that also involves divorce, long term financial support, child custody and visitation issues. You may want to speak with a private attorney for Probate Court. Pro bono (free) or reduced fee legal services may be available.

What happens next?

After you have completed the 209A complaint or application forms, return them to the Clerk’s Office and ask when the judge will hear the applications for protective orders. The Clerk’s Office will tell you the time and courtroom location for your hearing.

 

At your hearing, the judge will ask why you need a protective order and will review your complaint or application forms and affidavit. The judge will be deciding whether it appears there is a substantial likelihood of immediate danger of abuse. He or she will probably ask you some clarifying questions. In some court’s, a “209A Briefing Session ” is held before the hearing and a Court Advocate or a District Attorney’s Victim / Witness Advocate will explain the hearing process and be with you in the courtroom.

What will the judge do after speaking with you?

The judge may grant or deny the 209A Order after speaking with you. If the judge grants the Order, you will receive a Temporary Order for up to ten days. A court date will be scheduled within 10 court days for you to return to court for a Permanent Order, which lasts for a year and can be renewed. Keep your copy of the Order with you at all times. The judge will also order the abuser to surrender all guns and gun permits he or she possesses.

 

The police will deliver (serve) a copy of the Order to your abuser and will keep a copy on file at the police station. It is important to provide the abuser’s home, work, or other likely addresses so that the police can serve the Order as quickly as possible and provide the required notice of the next court date.

 

A violation of certain terms of a 209A Order (orders to vacate the premises, refrain from abuse and have no contact with you) requires that the police arrest your abuser.

 

A violation of a 209A Order, once the abuser has notice of the Order, is a criminal offense.

What is a Ten Day Hearing?

The Ten Day Hearing requires that you return to the court on the date given on the Order. If you do not return to court, the Order will not be in effect after that date. The hearing offers the chance for both parties, you and the abuser, to come before the judge and offer information (evidence) as to why a permanent 209A Order, which lasts for one year, should or should not be granted. Bring any hospital records, photographs, screenshots, or police reports you may have for the judge to review. You may also bring a support person with you. The abuser may be present at the ten day hearing and may oppose the 209A Order . If the abuser is not present and has been served with the Order, the judge can still grant the Order for a one year period.

What happens at the end of a year or the end of the effective date?

If a 209A Order is issued by the judge for a year, you must return to the court for an extension of the Order at the end of that year or the Order will expire.

What should you do if you want to change the terms of the Order?

Any changes in the Order before that date must be made with both you and the abuser appearing in the same court where the Order was first given. A request to change or amend the Order can be made at the Clerk’s Office, and a hearing will be arranged before a judge.

Can a minor obtain a 209A Order?

A minor under 18 years old can obtain a 209A Order with some restrictions. Generally, a parent or guardian needs to be present, but the judge can decide to issue a 209A Order without a parent/guardian present if the minor appears to be in danger. In some cases, the Department of Social Services may offer assistance in gaining help for a minor. Many high schools and colleges also offer support groups for students in violent relationships. A parent may also obtain a protective order for his or her child.

What happens if a the Order is violated?

Once a 209A Order is issued, violation of certain terms of the Order is a criminal offense. Violations of orders to refrain from abuse , to have no contact, and to vacate a household, multiple family dwelling or workplace, can be prosecuted criminally under chapter 209A. If the abuser violates the order, call the police immediately. Show the Order to the police and explain how it was violated (a punch, slap, threat; entering your house or apartment or refusing to vacate; or, any contact with you at home or your workplace, either in person, by telephone or mail). The police must arrest the abuser if they believe or can see that the terms of the Order were violated. If you do not call the police, you may be able to file an application for a criminal complaint on your own at the Clerk’s Office in the District Court. A Victim/Witness Advocate can assist you with that process.

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If you want any terms of the order to no longer apply, you should return to court and ask that the order be modified or vacated.

What happens if an arrest is made?

If the abuser is arrested, seek assistance from the Victim/Witness Advocate in the District Attorney’s Office the next morning after a nighttime arrest, or at any time during the day at the courthouse. A Victim/Witness Advocate will explain what the charges mean and what will happen next. The Advocate will also offer ongoing information, referral for services and cases updates throughout the time the case is in court.

What crimes can be charged?

In addition to the crime of violating a 209A Order, an abuser can be charged with a number of other crimes committed at or near the time of the violation, some of which may include:

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  • Assault (G.L. c. 265, Section 13A), which is an attempt or offer to do bodily injury by force or violence or attempt to batter.

  • Assault and Battery ( G.L. c. 265, Section 13A), which is a harmful or unpermitted touching of another, no matter how slight, without a legal right to do so.

  • Assault and Battery by Means of a Dangerous Weapon ( G.L. c. 265, Section 15), which is a battery with a dangerous weapon, such as a baseball bat, a shod foot, a knife or other object either inherently dangerous or used in a way that may cause serious injury or death to another.

  • Threats (G.L. c. 27, section 4), which are verbal or written threats to do harm which a victim reasonably believes the abuser can commit.

  • Trespassing ( G.L. c. 266, section 120), which is entering or remaining in a house or on land in violation of a 209A Order.

  • Malicious Destruction Of Personal Property (G.L. c. 266, section 127), which is the destruction of or injury to personal property, a house or building in a manner that is willful and malicious.

  • Stalking (G.L. c. 265, section, 43 (a)), which is the willful, malicious and repeated following or harassing of an individual and the making of threats with the intent to place that person in imminent fear of death or serious bodily injury. The penalties are greater for a conviction of a stalking crime committed in violation of a 209A Order.

What happens after an arrest?

Once a criminal complaint has been issued or an arrest made, the abuser will be charged with the crime or crimes at an arraignment proceeding in the District Court. A bail hearing will be held to determine whether the defendant/abuser will be released from custody, and the court must make a reasonable effort to notify you of the release, even if you are not present in court.

What happens at the arraignment?

It is important to provide information to the Assistant District Attorney before the arraignment and bail hearing regarding the history of the abuse and a description of the most recent abuse, including any pictures or hospital records of injuries. You should also mention the location of any guns or other weapons that you believe the abuser has in his or her possession.

 

The Assistant District Attorney will bring this information to the attention of the judge, along with your safety concerns and fears at this time. The judge may also consider whether the defendant/ abuser should be jailed until trial; or, if the defendant/ abuser is to be released, what the bail and conditions of bail will be.

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The Assistant District Attorney represents the Commonwealth of Massachusetts in prosecuting the case, and works with the Victim/Witness Advocate to address your interests and assist you during trial.

What happens after the arraignment?

Interviews will be held with you before the trial, to gather information and evidence for prosecution. Every effort will be made to consider your needs and safety in going forward with the case. The safety of your children will also be a priority.

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The court may request that the defendant receive intimate partner abuse education services. Very few abusers seek or stay with these services on their own, without court orders and probation supervision. An Assistant District Attorney will speak with you about different sentences that can be imposed if the defendant is found guilty by a judge or jury or pleads guilty. The sentence asked for may include drug or alcohol counseling, required attendance at an intervention program, supervised probation and/or jail time.

What is an intimate partner abuse education program?

Certified programs provide services in very strict group settings for abusers to try to promote awareness and accountability  for their behavior.  The goal is to get the abuser to   understand and change their controlling and abusive behavior.

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The groups are led by certified counselors trained in dealing with domestic violence offenders. The programs work with the courts and victim services to ensure their safety. The programs may involve weekly sessions of 1 to 2 hours in length. The abuser  must participate in the program for a minimum of 80 hours. Group leaders feel your safety is a priority concern and will keep ongoing contact with you.

Will the intervention stop the abuse?

There are no guarantees that the violence will stop because the abuser attends an intimate partner abuse education program. Many abusers drop out of programs or do not comply with the requirements, or only reduce their abuse temporarily. If the judge requires attendance as part of a sentence, dropping out may mean the defendant/ abuser may have to serve jail time. The abuser must want to change the abusive behavior and work hard at making those changes. Promises to change, flowers and apologies are not enough. You deserve to be safe and free from abuse.

Your risk of harm

Statistically, the most dangerous time for a victim is when leaving the abuser. The abuser may feel a loss of control and become dangerously angry. Tell trusted people in your life about the situation. It’s okay to ask for help. You can also request that a police officer be present when moving, exchanging belongings, or any other interactions that may require you to see your abuser. Child pickup/dropoff can be arranged at a police station or neutral 3rd party location. Trust your instincts, you know your situation best. Do what you need to take care of and protect yourself. Call 911 in the case of an emergency.

Suggestions for protection

Develop a safety plan for you and your children . During an incident, try to move away from an area or room where access to weapons might increase your risk, such as the kitchen, or where you can be trapped or easily injured.

 

Make copies of important papers and keep them in a safe place. Make a list of the things you need to take with you (birth/medical records, marriage license, check/ bank books, credit cards, medications).

 

Keep emergency money and extra clothes for yourself and your children in a safe place or with someone you trust. Include a few toys and favorite things for the children.

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Call the police or leave the house as soon as possible after an abusive incident. The police will respond and stay with you until you are safe or in a safe place. The police will also help you seek medical treatment, if needed. If you feel you may be in danger, dial the police number and hang up before it rings, so that the redial button will automatically call the police if you need them quickly.

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Be alert when leaving the courthouse. If you have any reason to believe your abuser may be waiting for you, please ask someone in the District Attorney’s Office or a Court Advocate to help. A police officer or a court officer may be able to escort you to your car.

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Guns or weapons will be ordered turned over to the police by the judge, along with any license to carry the guns and firearms identification card. Inform the police of any guns/weapons the abuser may keep in the house.

 

Consider changing the locks on your home. The District Attorney’s Office, Massachusetts Office of Victim Assistance, a local police station or domestic violence agency may be able to assist with installing cameras or locks in your home. The judge can order the abuser to turn over the keys to your home and/or your car. Keep an extra set of keys in a safe place.

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Inform your neighbors if a 209A order is in place. Encourage them to call the police if they see or suspect that something is wrong.

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Keep the victim’s service agency number handy for emergency shelter and for support groups.; You do not have to leave the abuser or have a 209A Order to attend the support groups. Information and support in making decisions are important.

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Get medical attention as you may be injured much more seriously than you realize. Go to a hospital emergency room or your private doctor as soon as possible for treatment. Ask for a copy of the treatment record.

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Have pictures taken of your injuries and bruises at the hospital, police department, shelter or District Attorney’s Office.

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