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There is no excuse for violence. Alcohol, money problems, and stresses from work, children and family are often given as explanations for abuse. These are excuses, not reasons. Violent behavior is not acceptable. Violence is criminal. Left alone, it won't just go away. With professional help, you can learn to protect
yourself and stop the violence.
If you have been hit, threatened, forced to have sex, or otherwise abused, you have the right to seek protection under the law. You may seek an Abuse Prevention Order, often referred to as a Restraining Order. A Restraining Order will not result in criminal charges or a criminal record for anyone unless the order is violated. You may also seek the assistance of the police department and the District Attorney's Office in obtaining a criminal complaint. You do not need an attorney to seek either one of these forms of protection, and there is no cost to you.
WHO THE ORDER COVERS:
You may file a petition for an Abuse Prevention Order against a spouse, or former spouse, a household member, or former household member, a blood relative or minor child, the parent of your minor child, or anyone with whom you have had a substantial relationship. You can get protection whether or not you are currently living with the abuser.
WHAT THE ORDER COVERS:
By law, you have the right to request any or all of the following:
- A Restraining Order: The abuser is ordered not to hurt you, not to attempt to hurt you, and not to threaten you.
- A Vacate Order: If you and the abuser share the same residence, the abuser is ordered to leave the residence. This may be ordered regardless of who owns or pays rent for the residence.
- A Temporary Custody Order: If you are a parent, the court can order that you have temporary custody of the minor child or children.
- A Temporary Support Order: If the abuser is a parent, the court may order child support payments for the children remaining in your care. If you are married, the court may order the abusing spouse to pay your living expenses.
- A Money Compensation Order: The abuser may be ordered to repay you for expenses incurred as a result of the abuse, such as medical expenses, lost wages, or damage to the property.
- Additional Orders: The Court may order the abuser to stay away from your work place, avoid all contact with you, return house keys, return property,confiscate weapons, and a variety of other actions.
How To Obtain An Order
- Temporary Order: Call or visit the Victim Witness Advocate in the County District Attorney's Office at your local court, who will help you fill out an application in the Clerk's office and appear with you before the judge when you seek the restraining order. This order will last for 10 days. Keep a copy of the order with you at all times!
- Serving The Order On the Abuser: The police are responsible for serving the abuser with the order. He or she must receive a copy of the order, or otherwise be officially notified of its existence before the order is valid. Any information that you can provide on the whereabouts of the abuser, such as home and work addresses, phone numbers, or automobile license plate number will be helpful. Before leaving the courthouse be sure that arrangements have been made to serve the order on the abuser.
- The Ten Day Hearing: The abuser has a right to be present at the hearing and speak to the judge. If the abuser does not appear, the hearing will be held and the judge may extend the order. You must appear or the order will automatically be dismissed. You have the right to represent yourself at this hearing, or have a representative of your choice, a friend, a lawyer, or an Advocate from the District Attorney's Office.
It is helpful to have available witnesses or evidence, such as photographs or doctor's reports in order to give the judge an understanding of what has happened and why you need protection.
The order may be extended for up to one year. If your need for protection changes you may return to the court and ask for the judge to change the order. Keep a copy of the order with you at all times.
What To Do If the Order is Violated
Violation of an Abuse Prevention Order is an CRIMINAL OFFENSE. Call the emergency police department number or 911 immediately if the order is violated.
- Tell the police you have a restraining order and that the abuser has violated the order. Explain that you need help right away.
- Take the name of the officer or police department representative who speaks to you on the phone as well as the names of the officers who arrive at your home or apartment.
- Ask the police to assist you and your children until you are safe.
- Ask the police for assistance with medical treatment, including transportation to a hospital if necessary.
- Make sure that the police fill out an incident report even if no arrest is made. You have a right to obtain a free copy of this report.
- If the police do not arrest the abuser, you may go to the Clerk's Office of your District Court and file an application for a criminal complaint. You should do this as soon as possible.
Safety During a Violent Incident
- If there is an argument, move to a room or area that has access to an exit.
- Consider ways to get out of your home safely. What doors, windows, elevator, or stairwell would you take?
- Be prepared to leave quickly, have a packed bag ready and keep it in an accessible place. See the checklist at the end of this page.
- Let a neighbor know about past violence and ask that he or she call the police if they hear suspicious noises coming from your home.
- Use a code word with your children, family, friends, or neighbors so they know when to call for help.
- Have a plan for where you will go if you have to leave your home in a hurry.
- Remember, YOU DO NOT DESERVE TO BE BEATEN OR THREATENED.
Safety With a Restraining Order
- Keep your restraining order with you at all times.
- Inform family, friends, and neighbors that you have a restraining order.
- Call the police immediately if the abuser violates the restraining order.
Safety In Your Home
- Change the locks on your doors and your phone number. Give the keys and phone number only to people you trust.
- Buy locks and other safety devices to secure your windows and doors.
- Discuss alternative safety plans with your children for times when you are home and when you are not at home.
- Inform your children's school, day care, and babysitter about who has and who does not have permission to pick up your children.
- Inform your neighbors that the abuser no longer lives with you, that you have a restraining order, and that they should call the police if they see him or her near your home.
Steps For Leaving an Abusive Relationship
- Remember, leaving a violent relationship can be very difficult and dangerous. Act quickly. Do not tell the abuser you are planning to leave. Leave money and an extra set of keys with someone you trust so you can leave quickly.
- Open a bank account in your own name to establish and increase your independence.
- Keep shelter and other emergency phone numbers close at hand.
- Have a safe place to go to in an emergency.
Safety On the Job and in Public
- Confide in someone at work about your situation.
- Arrange to have your telephone calls screened at work.
- Have a safety plan for when you are at work. Arrange to have a co-worker, friend, or security guard escort you to your car, bus, or home.
- Be alert to your surroundings.
Safety And Your Emotional Health
- If you are thinking of returning to an abusive situation, first talk with someone you trust about other possible choices.
- If you have to communicate with the abuser, find the safest way to do this. Try to avoid meeting alone. Have a witness, friend, police officer or an attorney present if possible.
- Be positive and let others help you.
- Get involved with support groups in your community.
- Don't be embarrassed. You are not alone and you are not at fault.
What You Need to Take When You Leave
Bring Any of the following:
Identification
Important Numbers
For More Information About Your Legal Rights & Options
Greater Boston Legal Services (GBLS),
(617) 371-1234 or 1-(800) 323-3205
for free legal assistance or referrals
If you are in need of support, resources,
and/or a safe place for yourself and your children:
Salem & North Shore Area of Massachusetts: Help for Abused Women and their Children (H.A.W.C.)H.A.W.C., Salem:978-744-6841 - 24-hour HotlineH.A.W.C., Gloucester:
978-744-8552 - Office
978-283-8641 - OfficeH.A.W.C., Saugus:
781-231-4026 - Outreach
Alternative House, Lowell:978-454-1436 - Hotline
978-458-0274 - Office
Women's Crisis Center of Newburyport:978-465-2155 - Hotline
Women's Resource Center:800-400-4700 - Hotline, Lawrence
978-373-4041 - Hotline, Haverhill
Boston Area:Call the 24-hour Hotline at
Casa Myrna Vazquez,
1-800-992-2600
SafeLink Statewide Hotline: 1-877-785-2020
TTY: 1-877-521-2601
Website: www.casamyrna.org
Casa Myrna Educational Information: www.casamyrna.org/info/edu.html
If you are a battered immigrant woman or child who does not have a greencard or who has a conditional or temporary green card:
Call the Battered Immigrant
Woman's Project at
Greater Boston Legal Services (GBLS),
(617) 371-1234 x399 or 1-(800) 323-3205
for free legal assistance or referrals
This page relates to the law in effect as of January 1, 1998...
Information was obtained from
Community Legal Services and Counseling Center
One West Street Cambridge, MA 02139
and
Casa Myrna Vazquez, Inc.
P.O.Box 180019, Boston, MA 02118
Domestic Abuse Links
Abuse Consultants Online
Domestic Abuse Resources: Police Department, Wakefield, MA
Domestic Abuse Section: Burlington Police/Lahey, MA
Massachusetts Law About Domestic Violence
Domestic Violence, Massachusetts: A Pathfinder by Mass. Trial Court Law Libraries
Angels In Blue: Domestic Abuse Laws-Massachusetts
Governor's Commission on Domestic Violence - Domestic Abuse
Mass Department of Correction Technology Services
Brookline, MA Police Programs
Links & Resources - Massachusetts Citizens for Children (MCC)
Domestic Violence Resource Page - Danvers, MA Police Dept.
Foxborough, MA Police Dept: Domestic Abuse Information & Resources
AbsoluteWoman.net">Massachusetts, Domestic Abuse Information
ElderAbuseCenter.org
Reporting Domestic Abuse, NorthEastern University, Massachusetts
Massachusetts Domestic Abuse Law
Prevent Child Abuse Massachusetts
Norton, MA Police Dept: Domestic Violence
Domestic Violence: Elder Abuse
Jane Doe, Inc. - Voices For Change
National Coalition For Domestic Abuse Awareness
Family Law Information: Neighborhood Legal Services
United Way - Protecting Women & Children From Abuse
Women's Law Initiative
Domestic Abuse Groups Dispute Status of Claims by Men (/gasp!)
Kimberly Chapman - Domestic Abuse - US Help
Divorce Source: Massachusetts Domestic Violence Shelters
Domestic Abuse and Alcohol
Therapist Finder - Mental Health Internet Resources, Boston
Peace At Home: Domestic Violence Resources
Battered Women's Shelters, Massachusetts
For Health Care Providers: Tips For Detecting & Treating D.V. Victims
Response To Domestic Violence, Quincy, MA
Tuft's Women's Center: Violence Help Hotline
How We Heal From Domestic Abuse
Incest & Child Maltreatment
Domestic Violence Webrings
MoonDragon's Obgyn Health Information: Domestic Violence
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