Abuse & Harassment Court Orders, Mass. Trial Court
Explains the difference between MGL ch. 209A and ch. 258E as well as how to request an order under each law.
Primary domestic violence law
MGL c. 209A Abuse Prevention. See also:
- MGL c.209A, s.11 Protection and custody of pets
St. 2014, c.260 Act Relative to Domestic Violence. Significant changes to domestic violence law, including education for judges and prosecutors, new law and penalties for suffocation and strangulation, and much more.
Other laws related to domestic violence
MGL c.186, s.23-29 (as added by St.2012, c.402) Housing Rights for Victims of Domestic Violence
MGL c. 209C, s.15 Children Born Out of Wedlock--Domestic Violence Record Search
MGL c.258E Harassment Prevention Orders
MGL c. 265, s.43 Stalking; Punishment
MGL c. 277, s.62A Violations of Chapter 209A; Jurisdiction
MGL c. 277, s. 62B Stalking; Jurisdiction
950 CMR 130 Address confidentiality program
Domestic Violence Law Enforcement Guidelines, Mass. Executive Office of Public Safety, July 2017
"These guidelines set forth appropriate and effective responses to domestic violence for police departments in Massachusetts."
Massachusetts Guide to Evidence, s.1106: Abuse Prevention and Harassment Prevention Proceedings, Mass. Supreme Judicial Court
"In all civil proceedings under the Abuse Prevention Act, G. L. c. 209A, the rules of evidence should be applied flexibly by taking into consideration the personal and emotional nature of the issues involved, whether one or both of the parties is self-represented, and the need for fairness to all parties."
Guidelines for Judicial Practice: Abuse Prevention Proceedings, Mass. Trial Court, September 2011.
Caution: In V.M. v. R.B., 94 Mass. App. Ct. 522 (2018), the court states that these guidelines "erroneously suggest that establishing the relationship between the plaintiff and the defendant is necessary to confer 'subject matter jurisdiction to issue an abuse prevention order under c. 209A.'"
Selected case law
Bosse v. Bosse, SJC Single Justice 91-493, 1991
"[W]here in-hand service is not reasonably possible, post-facto notice by mail to last known address and by publication is consistent with § 7...Mandating personal service where the defendant has, by disappearing, made personal service impossible would enable defendants, the perpetrators of abuse, to deny their victims the protection of our courts under G. L. c. 209A."
Comm. v. Collier, 427 Mass. 385, 693 NE2d 673 (1998)
"Where third party is involved in act that results in violation of protective order...Commonwealth is required to prove beyond a reasonable doubt an intentional act by defendant which led to violation."
Comm. v. Gonsalves, 445 Mass. 1 (2005)
Most statements given to police investigating a crime may not be used at trial unless the witness can be cross-examined.
Comm. v. Housen, 83 Mass. App. Ct. 174 (2013)
Defendant who had permission by former girlfriend to enter her home was still required to leave when each of her children came home because the children had the right to individual protection under the 209A order, and so could be charged with multiple offenses stemming from the same activity.
Comm. v. Jacobsen, 419 Mass. 269 (1995)
A warrantless arrest for abuse may be made under M.G.L. Ch. 209A, Sect. 6(7) if there is reason to believe a person is in fear of serious imminent physical harm.
Comm. v. Sanborn, 477 Mass. 393 (2017)
This court concluded that G. L. c. 209A does not authorize the police to effectuate a motor vehicle stop to serve a civil abuse prevention order; instead, c. 209A requires law enforcement to take reasonable measures to serve abuse prevention orders, and in order for the service of such orders to be reasonable, the manner of service must comply with the terms of the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights.
Comm. v. Shea, 467 Mass. 788 (2014)
"The question of which jurisdiction's law applies to a violation of a protection order appears to be one of first impression...we conclude that, where an out-of-State abuse protection order is allegedly violated in Massachusetts and prosecuted under c. 209A, the violation is governed by Massachusetts law and the jury should be instructed in accordance with Massachusetts law."
Comm. v. Telcinord, 94 Mass. App. Ct. 232 (2018)
A 209A order to "stay away from" a residence is not unconstitutionally vague. "In the future, however, it would be better practice for the judge to explain to the jury what the stay-away order is intended to accomplish. Such instruction would assist the jury in applying their common experience, in determining whether the defendant has violated the purpose of the order. The distance will vary under different circumstances and can only be determined, as will a violation of the order, by what is necessary to prevent the defendant from contacting or abusing the protected party. The stay-away order is violated not only when a defendant actually commits an act of contacting or abusing the protected party, but also when the defendant is positioned within sufficient proximity to the property so that he would be able to contact or abuse the protected party if that party were on the property or entering or leaving it."
Comm. v. Watson, 94 Mass. App. Ct. 244 (2018)
There are "two ways that someone can violate an order to stay away from a workplace or residence: (1) entering the property on which the workplace or residence is located, or (2) taking actions that directly intrude on the workplace or residence. Intrusion in the latter situation does not require physical encroachment on the property. Rather, it is sufficient to take actions in close proximity to the property that have a direct impact inside the property identified in the stay-away order...We conclude that a defendant may ... be found to have failed to "stay away" where, although outside the property boundary, he nonetheless has positioned himself sufficiently proximate to it that he would be able to abuse or to contact the plaintiff, in the event that the plaintiff were on the property, or entering or leaving it."
E.C.O. v. Compton, 464 Mass. 558 (2013)
Online dating counts. "Chapter 209A must be interpreted to protect all who are in a substantive dating relationship from abuse, regardless of whether the relationship was developed or conducted by the use of technology."
MacDonald v. Caruso, 467 Mass. 382 (2014)
To terminate an abuse protection order, "the significant change in circumstances must involve more than the mere passage of time, because a judge who issues a permanent order knows that time will pass. Compliance by the defendant with the order is also not sufficient alone to constitute a significant change in circumstances, because a judge who issues a permanent order is entitled to expect that the defendant will comply with the order."
M.G. v. G.A., 94 Mass. App. Ct. 139 (2018)
"Judges sitting in the District Court and Boston Municipal Court hearing a complaint for relief under G. L. c. 209A, after notice to the defendant, are not authorized to dismiss the complaint at the close of the plaintiff's case simply because they do not believe some or all of the plaintiff's testimony. Instead, the resolution of questions of credibility, ambiguity, and contradiction must await the close of the evidence."
Rauseo v. Rauseo, 50 Mass.App.Ct. 911 (2001) Court held that even the sending of flowers by defendant who was under abuse prevention order could be construed by wife as a hostile and threatening act in light of the existing order.
Szymkowski v. Szymkowski, 57 Mass.App.Ct. 284, 782 NE2d 1085 (2003)
"Court should not issue an M.G.L. Ch. 209A order simply because it seems to be a good idea or because it seems it will not cause the defendant any real inconvenience as a Ch. 209A order will infallibly cause inconvenience; in considering whether to issue a Ch. 209A order, the judge must focus on whether serious physical harm is imminent, and a generalized apprehension does not rise to the level of fear of imminent serious physical harm."
V.M. v. R.B., 94 Mass. App. Ct. 522 (2018)
The "existence of a substantive dating relationship is an element of a c. 209A claim and not a prerequisite for subject matter jurisdiction."
PO Box 690267
Quincy, MA 02269
(888) 314-DOVE (3683)
"DOVE, Inc. is committed to serving communities, families, and individuals impacted by domestic violence. We seek to empower our clients and the community by providing safety, shelter, education, and support services. By promoting an environment free from abuse, we strive to see - Domestic Violence Ended."
Jane Doe, Inc.
14 Beacon St., Suite 507
Boston, MA 02108
Information and referrals for battered men and women. Also has a statewide online resource guide. Website lists a toll-free "Safelink" hotline that is available 24 hours per day: (877) 785-2020.
Massachusetts Office for Victim Assistance
One Ashburton Place, Suite 1101
Boston, MA 02108
Coordinates victim assistance programs on a statewide basis
Domestic Violence, Mass. Legal Help
"The Domestic Violence section of MassLegalHelp has important information for victims and survivors of domestic violence about their rights concerning child support, housing, employment, immigration, making it on your own, criminal complaints, Chapter 209A Abuse Prevention Orders ("restraining orders"), custody and visitation, separation and divorce, paternity, the Department of Social Services, personal property, and doing a case in the Probate and Family Court."
HelpSteps.com, Mass. 2-1-1 service.
"HelpSteps connects individuals to local health and human resources." Provides information about domestic violence resources, including hotlines and shelters.
Need to Take Time Off From Work to Deal with Domestic Violence?, Mass. Legal Help.
Explains who may take off and for what purposes under the 2014 domestic violence law.
Find out if you're eligible to request an abuse prevention order
An excellent resources which details the differences between MGL c.209A and MGL c.258E
Where Do We Go From Here: A Self-Help Guide for Domestic Violence Survivors and Advocates, An AmeriCorps project of Western Massachusetts Legal Services, 2012.
Online book covers safety planning, finding shelter, child support, criminal complaints, 209A orders, custody, visitation, divorce, paternity, DSS, property and cases in probate and family court. Includes many sample forms.
Women's Law.org "The Mission of WomensLaw.org is to provide easy-to-understand legal information and resources to women living with or escaping domestic violence or sexual assault."
Attorney General's Advisory Concerning M.G.L. c. 149, s. 52E Employment Leave for Victims and Family Members of Abuse, Mass. Attorney General, 2014.
Provides an explanation of the law granting leave for victims of domestic violence, with guidance for employers.
Consumer Rights for Domestic Violence Survivors in Massachusetts, National Consumer Law Center, 2011
"The information in this packet is intended to help you: Separate your finances from your abuser; Deal with any existing debts; Stay financially independent in the future and avoid traps and scams; and Get more help and information with these issues."
MDAA Domestic Violence Trial Notebook, 3d ed., MDAA, 2015.
"This trial notebook is to aid district court prosecutors in handling the many issues that arise in prosecuting domestic violence cases."
Massachusetts Prosecutors' Manual: Domestic Violence and Sexual Assault, Mass. District Attorneys Association, 2010.
This "training manual for the prosecution of domestic violence and sexual assault cases" provides detailed information on the prosecution of these offenses.
Orders concerning domesticated animals in conjunction with restraining orders, Memo from Chief Justice of the Trial Court and Court Administrator, October 31, 2012
Includes explanation of the law and procedures, with forms
Safety and Protection Issues: Family Law Advocacy for Low and Moderate Income Litigants, 3d ed., 2018. Chapter 3. Mass. Legal Services.
"This chapter covers information about how the law can help you if you are a victim of domestic violence and what help is available for children who have been abused or neglected. This chapter contains basic information on how to obtain a restraining order (an order that aims to protect you from abuse and also known as an abuse prevention order); how to defend yourself against the same kind of order; an overview of Department of Social Services (DSS) child abuse investigations; and how all of this can affect a family law court case."
- “Any liar can get an order by merely asserting fear”: Why Chapter 209A must be revamped to protect against the issuance of unnecessary abuse protection orders. Brittany Pierce, 47 New Eng. L. Rev. 427 (No. 2, Winter 2012)
- Domestic abuse in divorce & custody litigation, MCLE, 2012.
- Mass. Practice v.2A (Family Law and Practice), Chapter 77: Pleadings, Orders and Appeals in Chapter 209A Abuse Prevention Cases.
- Massachusetts Domestic Relations, 5th ed., Lexis, 2012 with supplement, Chapter 22 (includes forms)
- Obtaining, Enforcing, & Defending c. 209A Restraining Orders in Mass., MCLE, loose-leaf.
See Appendix pages A291-A298 relative to domestic animals
|Last updated:||February 26, 2019|