Guideline 6:01
In addition to including in the order terms necessary to ensure the safety of the plaintiff, the judge may recommend that the defendant attend an intimate partner abuse education (IPAE) program (formerly known as a certified batterer intervention program). A pamphlet entitled “Alternatives to Abuse” is available for use by the Trial Court to provide to defendants, and includes a statewide and regional listing for IPAE programs, as well as offices of the Department of Transitional Assistance (DTA), career centers, and legal assistance support. This flyer is available on the Trial Court’s public website on Mass.gov and can be downloaded and printed as needed. A list of IPAE programs can be found on Mass.gov, search for “Intimate Partner Abuse Education Program Services,” and click on “Download a list of Massachusetts Certified Intimate Partner Abuse Education Programs.” The court should not recommend or suggest joint counseling or mediation. See G.L. c. 209A, § 3.
The Probate and Family Court may issue orders contingent on the defendant’s efforts to participate in and benefit from such services. In addition, the Probate and Family Court may order a mental health evaluation or counseling for a substance use disorder and can make parenting time (formerly known as visitation) contingent on compliance with such counseling. G.L. c. 209A, § 3.
The court should not order the plaintiff to participate in any such services. The court should, however, provide the plaintiff with the main resource flyer entitled “Resources for Safety and Support,” which includes statewide listings for domestic violence programs, sexual assault programs, child witness to violence programs, 24-hour Hotlines, and the local district attorney’s offices. Supplemental regional flyers are also available and include county specific information. These resources are available on the Trial Court’s public website on Mass.gov and can be downloaded and printed as needed.
Commentary
In a case where social services can address some of the factors relating to abuse, such as alcohol or other substance use disorder, the court may properly recommend or make referrals to such services, although these do not replace intervention(s) to address the abuse.
However, as discussed in Guideline 1:01 Protective Purpose of c. 209A, the purpose of c. 209A actions is to provide protection, when such is found to be warranted, and not to encourage reconciliation or joint counseling for the parties. Attempts by the court to require or even to promote reconciliation or joint counseling are inconsistent with the protective purpose of c. 209A. Such procedures can expose a plaintiff to further abuse and can provide a person who has been abusive with an opportunity for continued contact and ability to exert control over the plaintiff. At the very least, such matters should be left to the plaintiff to decide. Moreover, the fear of being placed in such a situation may discourage or prevent a plaintiff from seeking the court’s protection at all. Chapter 209A, § 3 provides specifically that:
No court shall compel parties to mediate any aspect of their case. Although the court may refer the case to the family service office of the probation department or victim/witness advocates for information gathering purposes, the court shall not compel the parties to meet together in such information gathering sessions.
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| Last updated: | October 20, 2025 |
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