What is Domestic Violence?
Domestic Violence or family violence is the abuse of power
or control . It is behavior used by one person to control
another through force or threats. A batterer makes a choice
to strike, hit, kick, punch or threaten the victim.
Domestic violence includes physical and sexual attacks and
threats. These violent acts are criminal and the batterer
can be prosecuted for committing them. The acts are a means
of controlling the victim's thoughts, feelings and behavior.
The violence does not lessen over time. The threats and / or
beatings generally happen more often with time, last longer
and cause greater physical injuries.
Emotional abuse and insulting words are almost always part
of the abuse pattern, but are not considered criminal acts.
The wounds from these injuries, however , may be more
difficult to heal.
Domestic violence is not caused by or provoked by the
actions or inaction's of the victim. 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. However, existing problems often create additional
stress in a relationship and 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 :
Actual physical abuse, or
An attempt to harm another, or
Placing another in fear of serious physical harm, or
Causing another to engage in sexual relations by force,
threat of force or duress
What is a 209A order?
An Abuse Prevention Order, called a "209A Order," or a
"protective order," or "restraining order," is a civil court
order intended to provide protection from physical or sexual
harm caused by force or threat of harm from a family or
household member. 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. 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 a "protective order" or a "209A Order," You will receive
a packet of forms to complete as an application for a
protective order.
In some courts, there may be a Court Advocate from a local
battered women's service agency to help you with the form. A
Victim/Witness Advocate from the District Attorney's Office
is also usually available for assistance 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 a
batterer responsible for criminal acts committed against you
. If there is a criminal violation, the Court can also
require a batterer to obtain counseling or other treatment.
What Questions are asked on the
form?
On the application or complaint forms for a 209A order, you
need to make a sworn statement (affidavit) describing the
facts of any recent or past incidents of abuse. It is
important to provide as much information about the abuser as
possible. You must also disclose any other existing 209A
Orders from any court or any Probate Court action you are
involved in, including any divorce or child custody
proceedings.
What relief can I ask for on the
application?
You may request the judge to order that the abuser:
Stop or refrain from abusing you
Have no contact with you or a child in your custody
Vacate or move out of the house or apartment where you live.
You may also request the judge to order that you receive
support and temporary custody of your children, if the
abuser has a legal duty to support or shares custody. You
may request payment for medical costs incurred due to
injuries caused by the abuser and related loss of wages. You
may ask that the abuser not contact you at work or at a
relative's home, and that your new address be kept
confidential from the abuser for your safety.
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 or call one of the legal services
or victim's services
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 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 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 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 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 Northbridge
Police at 911 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.
If you put yourself in contact with the abuser, he is
vulnerable to arrest. Therefore, 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:
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, 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.
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
priority.
Prosecution may provide the means to gain batterer's
intervention services for the defendant/abuser as part of a
sentence recommendation. Very few batterer's seek or stay
with these services on their own, without court orders and
probation supervision. An Assistant District will speak with
you about different sentences that can be imposed if the
defendant /abuser is found guilty by a judge or jury or
pleads guilty. The sentence asked for may include drug or
alcohol counseling, required attendance at a batterer's
intervention program, supervised probation and /or jail
time.
What is a "certified Batterer's"
Intervention program?
Certified batterer's intervention programs provide services
in very strict group settings to try to help batterer's
learn to accept responsibility for their violence, as well
as understand and change their controlling and abusive
behavior.
The groups are led by certified batterer's intervention
counselor's trained in dealing with domestic violence
offenders. The programs work with the courts and victim
services to help make sure that partners of batterer's
remain safe. The programs may involve weekly sessions of 1
to 2 hours in length. The batterer 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 a certified batterer's intervention
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 victim is when
leaving the batterer. The abuser may feel he is losing
control and become dangerously angry. Take steps to protect
yourself from abuse or punishment from your abuser. Please
trust your instincts. If you are afraid that something may
happen, take your feelings seriously and protect yourself.
You know your situation better than anyone else.
Suggestions for Protection
Develop a safety plan that includes an escape plan for you
and your children should a violent incident occur. 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.
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 911 and hang up before it rings,
so that the redial button will automatically call the police
if you need them quickly.
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 Court Advocate
to help. A police officer or a court officer may be able to
escort you to your car.
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 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.
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.
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.
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.
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.
Have pictures taken of your injuries and bruises at the
hospital, police department, shelter or District Attorney's
Office.
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Resources for victims of domestic
Violence
Massachusetts office for victim assistance 1.781.727-5200
Massachusetts coalition of battered women 1.617.248-0922
Office of the attorney general victim compensation and
assistance division 1.617.727-2200
Department of social services 1.617.727-3171 X 551
Domestic violence unit when persons under the age of 18 are
involved child-at-risk hotline 1.800.792-5200
Disabled persons protection commission when disabled persons
between the ages of 18 and 59 are involved 24 hr hotline
1.800.426-9009
When residents of nursing homes or long term care facilities
are involved 24 hour hotline 1.800.462-5540
Department for elder affairs when persons of 60 years of age
or older are involved elder abuse hotline 1.800.922-2275
Child witness to violence project Boston Medical Center
1.617.534-5000
Resources in the District Attorney's Office Worcester County
Victim witness assistance program 1.508.792-0214
Domestic violence unit 1.508.797-4334
NATIONAL HOTLINE 1-800-799-SAFE (7233)
1-800-787-3224 TDD
http://www.ojp.usdoj.gov/ovc/ - Office for Victims of
Crimes
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