Getting Relief From Domestic Violence in Massachusetts

Jurisdiction: 

Area of Law: 

Family

Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.

 

If you are in immediate danger, call “911.”  When the police arrive at your house, ask for an emergency protective order.  An emergency protective order can be issued at any time, is effective immediately, but only lasts until the close of the next business day of court.  In order for the effect of the order to continue, you will have to go to court and request an abuse prevention order.

 

Abuse Prevention Order

 

If you are not in immediate danger, but have been a victim of domestic violence, you should seek an abuse prevention order called a 209A order because it stems from Chapter 209A of Massachusetts General Laws.  You qualify for an abuse prevention order if you are seeking to prevent abuse either from current or former spouse, a relative (either by blood or marriage), the parent of your child, or anyone with whom you have had a romantic relationship.  In order to determine whether your relationship with the person qualifies, the court will consider the length and type of relationship, and the frequency of interaction during the relationship.  There is no fee to file for an abuse prevention order.

 

To start the process of filing for the abuse prevention order, you must first go to the district court nearest to where you live or the probate and family court in your county.  There, you will tell the clerk that you want to file a petition for a final abuse prevention order and he or she will give you the appropriate forms to fill out.  You may also find the forms online and fill them out prior to appearing at the courthouse.  Just make sure to sign them in front of the clerk.

 

You must also bring information about the abuser – a photo (if possible), address, phone number, description and plate number of his or her car, and any history of drugs or gun ownership.  Generally, the initial order will be a temporary order, of which the court will notify the restrained party and issue a court date within 10 days.  This hearing will allow the alleged abuser to tell his or her side of the story, and the court may issue a long term order that can last up to a year.

 

If you are granted this order, the alleged abuser will not be allowed to go near you, your children, relatives, or anyone who lives with you.  Also, he or she may not be allowed to have a gun, be forced to move out of your house, be forced to pay child support, or even be forced to stay away from your pets.

 

Finding Domestic Violence Resources

 

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

 

You may also find a list of domestic violence shelters in Massachusetts here.