CHAPTER 209A. ABUSE PREVENTION
Chapter 209A: Section
1. Definitions
Section 1. As used in
this chapter the following
words shall have the following
meanings:
“Abuse”, the occurrence
of one or more of the following
acts between family or household
members:
(a) attempting to cause
or causing physical harm;
(b) placing another in
fear of imminent serious
physical harm; (CASE
LAW SAYS THIS FEAR
MUST BE" REASONABLE")
(c) causing another to
engage involuntarily in
sexual relations by force,
threat or duress.
“Court”, the superior,
probate and family, district
or Boston municipal court
departments of the trial
court, except when the petitioner
is in a dating relationship
when “Court” shall mean
district, probate, or Boston
municipal courts.
“Family or household members”,
persons who:
(a) are or were married
to one another;
(b) are or were residing
together in the same household;
(c) are or were related
by blood or marriage;
(d) having a child in
common regardless of whether
they have ever married or
lived together; or
(e) are or have been in
a substantive dating or
engagement relationship,
which shall be adjudged
by district, probate or
Boston municipal courts
consideration of the following
factors:
(1) the length of time
of the relationship; (2)
the type of relationship;
(3) the frequency of interaction
between the parties; and
(4) if the relationship
has been terminated by either
person, the length of time
elapsed since the termination
of the relationship.
“Law officer”, any officer
authorized to serve criminal
process.
“Protection order issued
by another jurisdiction”,
any injunction or other
order issued by a court
of another state, territory
or possession of the United
States, the Commonwealth
of Puerto Rico, or the District
of Columbia, or tribal court
that is issued for the purpose
of preventing violent or
threatening acts or harassment
against, or contact or communication
with or physical proximity
to another person, including
temporary and final orders
issued by civil and criminal
courts filed by or on behalf
of a person seeking protection.
“Vacate order”, court
order to leave and remain
away from a premises and
surrendering forthwith any
keys to said premises to
the plaintiff. The defendant
shall not damage any of
the plaintiff’s belongings
or those of any other occupant
and shall not shut off or
cause to be shut off any
utilities or mail delivery
to the plaintiff. In the
case where the premises
designated in the vacate
order is a residence, so
long as the plaintiff is
living at said residence,
the defendant shall not
interfere in any way with
the plaintiff’s right to
possess such residence,
except by order or judgment
of a court of competent
jurisdiction pursuant to
appropriate civil eviction
proceedings, a petition
to partition real estate,
or a proceeding to divide
marital property. A vacate
order may include in its
scope a household, a multiple
family dwelling and the
plaintiff’s workplace. When
issuing an order to vacate
the plaintiff’s workplace,
the presiding justice must
consider whether the plaintiff
and defendant work in the
same location or for the
same employer.
