Domestic Violence Resources

What is Domestic Violence ?

Domestic violence is not caused by or provoked by the action or inaction 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.

Domestic violence programs for survivors | Mass.gov

Victim & Witness Assistance | Mass.gov

Helpful Links:

Healing Abuse Working for Change

Department of Children and Families

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.

THE ABUSE PREVENTION LAW (209A)

The Abuse Prevention Law offers protection to people who are physically abused and to those who are at serious risk of physical abuse.  The law protects abused housemates, roommates, husband and wife, substantial dating relationships, and family members.

For more information, please visit the following websites:

An Abuse Prevention Order, called a “209A Order”(also known as 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.
  • A roommate, regardless of gender or relationship
  • A person with whom you have or had a substantial dating relationship.
  • A Dorm. roommate, regardless of gender or relationship
  • You may obtain an order for a minor child under the age of 18 if you are his/her parent or legal guardian

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.

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.

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 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.

  • A 209A order may be obtained in any district or probate and family court in Massachusetts.
  • An emergency 209A order can be obtained through any police department after court hours and on weekends.
  • You do not need a lawyer to file for a 209A order.
  • You may apply for protection in the district or probate court which serves your community.
  • If you find it necessary to flee your home to avoid abuse, you may go to the district or probate court serving the community where you are staying.
  • If you need further assistance or do not know where the nearest courthouse is located, contact the local police department for assistance.
  • You don´t have to file criminal charges to obtain a 209A order.
  • However, criminal charges may be necessary in holding a batterer responsible for acts committed against you.

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 and 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.

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 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 arraignment?

Interviews will be held with you before the trial, to gather information and evidence for prosecution. Every effort will be make to consider your needs and safety in going forward with the case. The safety of your children will also be a priority. Prosecution may provide the means to gain batterer’s intervention services for the defendant/ abuser as part of a sentence recommendation. Very few batterers 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/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.

  • Once a 209A order is issued, violation of the terms is a criminal offense.
  • Violations of orders to refrain from abuse, for no contact and to vacate a household, multiple family dwelling or workplace can be prosecuted under c. 209A.
  • Call the police immediately if the abuser violates the order
  • Show the order to the police and explain the violation.  For example: a punch, slap, threat, refusal to vacate the house or apartment, unauthorized contact with you either in person or telephone at your home or work place.
  • The police must arrest the abuser if they have reasonable cause to believe or witness that the terms of the order were violated.
  • 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 or held in jail until trial.
  • If they are released from custody, the court must make a reasonable effort to notify you of the release, even if you are not present in court.
  • If you do not call the police, you may be able to file criminal complaints on your own at the Clerk´s Office in the district court.
  • A Victim Witness Advocate can assist you with that process.