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.

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.

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 website:

What is a 209A Order

An Abuse Prevention Order, called a “209A” or a “Restraining Order”, is a civil court action that provides immediate protection from physical or sexual harm caused by force, or threat of harm from a family or household member. This includes:

  • a spouse or former spouse
  • a present or former household member
  • a relative by blood or marriage
  • the parent of your minor child
  • a person with whom you have had a substantial dating relationship
  • A person under age 18, 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 limited 209A order if the minor appears to be in danger.

In some cases, the Department of Children and Families may offer assistance in gaining help for a minor.

Many high schools and colleges also offer support groups for students in violent relationships.

Obtaining a 209A Order

  • 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.

Obtaining a 209A Order

  • You may request the Judge to order that the abuser stop abusing you, have no contact with you or a child in your custody and move out of your house or apartment.
  • A 209A can provide you with temporary support and custody of your minor children.  Only the Probate and Family Court, however, can decide child visitation rights.
  • You may request payment for medical costs due to injuries and loss of wages.
  • You may ask that the abuser not contact you and that your new address be kept confidential from the abuser for your safety.
  • You must also disclose any other existing 209A order from any court or any probate court action in which you are involved.
  • On the application or complaint form for a 209A order you will need to make a sworn statement (affidavit), describing the facts of a recent or past incident(s) of abuse.
  • It is also very important to provide as much information about the abuser as possible.

What happens if the Order is violated

Once a 209A Order is issued, violation of certain terms of the Order is a criminal offense. Violations of orders to refrain from abuse, to have no contact, and to vacate a household, multiple family dwelling or workplace, can be prosecuted criminally under Chapter 209A. If the abuser violates the order, call the police immediately. Show the Order to the police and explain how it was violated (a punch, slap, threat, entering your house or apartment (or refusing to vacate), or any contact with you at home or your workplace … either in person, by telephone, or by mail). The police must arrest the abuser if they believe or can see that the terms of the Order were violated. If you do not call the police, you may be able to file an application for a criminal complaint on your own at the Clerk’s Office in the District Court. A Victim/Witness Advocate can assist you with that process. If you put yourself in contact with the abuser, he is vulnerable to arrest. Therefore, if you want any terms of the order to no longer apply, you should return to court and ask that the order be modified or vacated.

Annoying or Obscene Telephone Calls

( MA. General Law Ch. 269 S. 14a )
Annoying phone calls are a common problem. These calls can now be traced back to the caller by pressing a couple of buttons on your own phone. Harassing, hang-up, or obscene phone calls are often evident in bad relationships, a disgruntled employee, an unhappy customer, or an angry neighbor. The caller has the sole purpose to harass or annoy the victim, and there is a solution.

Important Numbers

Safelink
(877) 785-2020 (Hotline)
Safelink is the Massachusetts statewide crisis and referral, toll-free, domestic violence hotline, providing translation for 140 different languages

National Domestic Violence Hotline
800-799-SAFE (7233)
(800) 787-3224 (TTY)
24 hours a day, 365 days a year

Voices Against Violence
(508) 626-8686 (Hotline)
(800) 593-1125 (Hotline)
(508) 820-0834 (Framingham Office)
Voices provides free and confidential services to victims of domestic/partner violence and sexual assault in the Metrowest area, regardless of sexual orientation or gender identity.

REACH Beyond Domestic Violence
PO Box 540024
(800) 899-4000 (24 Hour Hotline)
(781) 891-0724 (Waltham Office)
REACH is committed to advancing the safety, healing, and empowerment of those who experience domestic or relationship violence, through direct services.

Asian Task Force Against Domestic Violence
(617) 338-2355 (24 Hour Multilingual Helpline)
(617) 338-2350 (Boston Office)
The Asian Task Force Against domestic Violence (ATASK) provides services for Asian domestic violence survivors in the Greater Boston and Lowell areas, including low-income immigrants with limited English language capabilities.

Jane Doe, Inc.
Massachusetts Coalition Against Sexual Assault and Domestic Violence
(617) 248-0922
(617) 263-2200 TTY/TDD
Provides information about sexual assault and domestic violence.
www.janedoe.org

Journey to Safety
(781) 647-JFCS (5327)
Jewish Family & Children’s Service

Domestic Violence Services Network
(888) 399-6111 (Helpline)
Concord MA 01742
In partnership with the local police departments, DVSN provides outreach and direct support to victims of domestic abuse.