A little tidbit
for you on the 209A that you might
find interesting and perhaps even
helpful to your efforts to get the
law changed:
My wife and I are in the middle of
a divorce that is headed for trial
after almost 3 years of acrimony.
I have since moved to Virginia and
live 500 miles away; nevertheless,
she repeatedly renewed a 209A protection
order (originally issued after a fight
we had), even after I moved away,
until it was made permanent. No surprise
so far, right? But here's the catch:
In an effort to prevent me from showing
up at the divorce trial (and thus
win a
default judgment), she has also made
repeated allegations to the police
of violations of the 209A, and informed
me of same, knowing full well that
police policy in MA is to arrest automatically.
She also knows that, as a medical
professional, an arrest could result
in suspension of my license, even
if the arrest is subsequently ruled
to have been unfounded. The fact that
the 209A was never served (because
I live in Virginia) matters not in
MA - police policy is to arrest on
allegations of 209A violations and
let the Courts sort it out.
I've spoken to my lawyers about this
ridiculous state of affairs and was
informed that there is no legal vehicle
at present to rectify the situation.
A permanent order can't be challenged,
even though I was living 500 miles
away at the time and couldn't afford
to travel back to oppose it at the
time. So, I'm confronted with a dilemma:
Do I throw away my future career and
come to MA to be arrested "automatically",
or do I throw away my future earning
potential by defaulting at my own
trial?
The 209A was originally intended to
protect women from abuse. But in the
right hands, as the anecdote above
shows, it is a powerful weapon that
can be used to inflict abuse. |