|
|
|
Important
Numbers |
|
|
|
Necessities/Necesidades |
|
(413) 586-5066 (24 hr) |
|
|
|
Everywoman's Center |
|
(413) 545-0800 (24 hr) |
|
|
|
District Attorney's Office Victim/Witness
Unit |
|
(413) 586-5780 |
|
|
|
SAFEPLAN Coordinator |
|
(413) 586-3613 |
|
|
|
Men Overcoming Violence |
|
(413) 253-9588 |
|
|
|
National Domestic Violence Hotline |
|
(800) 799-SAFE |
|
|
|
Domestic violence or family violence is
the abuse of power or control . It is behavior used by one person
to control another through force or threats. A batterer makes
a choice to strike, hit, kick, punch or threaten the victim.
Domestic violence includes physical and sexual attacks and threats.
These violent acts are criminal and the batterer can be prosecuted
for committing them. The acts are a means of controlling the
victim's thoughts, feelings and behavior. The violence does not
lessen over time. The threats and/or beatings generally happen
more often with time, last longer and cause greater physical
injuries. Emotional abuse and insulting words are almost always
part of the abuse pattern, but are not considered criminal acts.
The wounds from these injuries, however, may be more difficult
to heal. Domestic violence is not caused by or provoked by the
actions or inactions 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.
WHAT IS THE 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
WHAT IS A 209A ORDER? An Abuse Prevention Order (called a "209A
Order," "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
- the parent of your minor child
- a person with whom you have or had a substantial
dating relationship
WHERE CAN I GET A 209A
ORDER? 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 or on weekends
and holidays. You do not need a lawyer to file for a 209A Order
and there is no charge for filing.
HOW CAN I GET AN
ORDER IN DISTRICT COURT? 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 (Hatfield residents can
go to the Northampton District Court, 15 Gothic Street, Northampton,
MA 01060). Go to the District Court Clerk's Office in the court
and ask for a "protective order" or a "209A Order."
You will receive 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. Ask
someone at the clerk's office to direct you to the District Attorney's
Victim/ Witness Office for help. You do not have to file criminal
charges in order to obtain a 209A Order. However, criminal charges
can be helpful in holding a batterer responsible for criminal
acts committed against you . If there is a criminal violation,
the Court can also require a batterer to obtain counseling or
other treatment.
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
- 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.
WHAT ABOUT CHILD
CUSTODY AND VISITATION?
A 209A Order from a District Court
can provide you with temporary support and custody of your minor
children. Only the Probate and Family Court , however, can decide
child visitation rights. A 209A Order from that court may be
more helpful in dealing with abuse protection that also involves
divorce, long term financial support, child custody and visitation
issues. You may want to speak with a private attorney for Probate
Court or call a legal service or victim's service for an attorney
referral list. Pro
bono (free) or reduced fee legal services may be available.
WHAT HAPPENS NEXT? After you have completed the 209A complaint or
application forms, return them to the Clerk's Office and ask
when the judge will hear the applications for protective orders.
The Clerk's Office will tell you the time and courtroom location
for your hearing.
At your hearing, the judge will ask why
you need a protective order and will review your complaint or
application forms and affidavit. The judge will be deciding whether
it appears there is a substantial likelihood of immediate danger
of abuse. He or she will probably ask you some clarifying questions.
In some courts, a "209A Briefing Session " is held
before the hearing and a Court Advocate or a District Attorney's
Victim/Witness Advocate will explain the hearing process and
be with you in the courtroom.
WHAT WILL THE JUDGE
DO AFTER SPEAKING WITH YOU? The
judge may grant or deny the 209A Order after speaking with you.
If the judge grants the Order, you will receive a Temporary Order
for up to ten days. A court date will be scheduled within 10
court days for you to return to court for a Permanent Order,
which lasts for a year and can be renewed. Keep your copy of
the Order with you at all times. The judge will also order the
abuser to surrender all guns and gun permits he or she possesses.
The police will deliver (serve) a copy
of the Order to your abuser and will keep a copy on file at the
police station. It is important to provide the abuser's home,
work, or other likely addresses so that the police can serve
the Order as quickly as possible and provide the required notice
of the next court date.
A violation of certain terms of a 209A
Order (orders to vacate the premises, refrain from abuse and
have no contact with you) requires that the police arrest your
abuser.
A violation of a 209A Order, once the abuser
has notice of the Order, is a criminal offense.
WHAT IS A TEN DAY
HEARING? The Ten Day Hearing requires
that you return to the court on the date given on the Order.
If you do not return to court, the Order will not be in effect
after that date. The hearing offers the chance for both parties,
you and the abuser, to come before the judge and offer information
(evidence) as to why a permanent 209A Order, which lasts for
one year, should or should not be granted. Bring any hospital
records, photographs or police reports you may have for the judge
to review. You may also bring a support person with you. The
abuser may be present at the ten day hearing and may oppose the
209A Order . If the abuser is not present and has been served
with the Order, the judge can still grant the Order for one year
period.
WHAT HAPPENS AT
THE END OF A YEAR OR END OF THE EFFECTIVE DATE? If a 209A Order is issued by the judge for a year,
you must return to the court for an extension of the Order at
the end of that year or the Order will expire.
WHAT SHOULD YOU
DO IF YOU WANT TO CHANGE THE TERMS OF THE ORDER? Any changes in the Order before that date must
be made with both you and the abuser appearing in the same court
where the Order was first given. A request to change or amend
the Order can be made at the Clerk's Office, and a hearing will
be arranged before a judge.
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.
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 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.
WHAT HAPPENS IF
AN ARREST IS MADE? If the abuser
is arrested, seek assistance from the Victim/ Witness Advocate
in the District Attorney's Office the next morning after a nighttime
arrest, or at any time during the day at the courthouse. A Victim/Witness
Advocate will explain what the charges mean and what will happen
next. The Advocate will also offer ongoing information, referral
for services and cases updates throughout the time the case is
in court.
WHAT CRIMES CAN
BE CHARGED? In addition to the
crime of violating a 209A Order, an abuser can be charged with
a number of other crimes committed at or near the time of the
violation, some of which may include:
- Assault (M.G.L.
c. 265, Section 13A), which is an attempt or offer to do bodily
injury by force or violence or attempt to batter
- Assault and Battery (M.G.L. c. 265, Section 13A), which is a harmful
or unpermitted touching of another, no matter how slight, without
a legal right to do so
- Assault and Battery by Means of a Dangerous
Weapon (M.G.L. c. 265, Section
15), which is a battery with a dangerous weapon, such as a baseball
bat, a shod foot, a knife or other object either inherently dangerous
or used in a way that may cause serious injury or death to another
- Threats (M.G.L.
c. 27, section 4), which are verbal or written threats to do
harm which a victim reasonably believes the abuser can commit
- Trespassing
(M.G.L. c. 266, section 120), which is entering or remaining
in a house or on land in violation of a 209A Order
- Malicious Destruction Of Personal Property (M.G.L. c. 266, section 127), which is the destruction
of or injury to personal property, a house or building in a manner
that is willful and malicious
- Stalking (M.G.L.
c. 265, section, 43 (a)), which is the willful, malicious and
repeated following or harassing of an individual and the making
of threats with the intent to place that person in imminent fear
of death or serious bodily injury. The penalties are greater
for a conviction of a stalking crime committed in violation of
a 209A Order.
WHAT HAPPENS AFTER AN
ARREST? 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
THE 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
THE ARRAIGNMENT? Interviews will
be held with you before the trial, to gather information and
evidence for prosecution. Every effort will be made to consider
your needs and safety in going forward with the case. The safety
of your children will also be 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 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.
WHAT IS A CERTIFIED
A BATTERER'S INTERVENTION PROGRAM?
Certified batterer's intervention programs provide services in
very strict group settings to try to help batterers learn to
accept responsibility for their violence, as well as understand
and change their controlling and abusive behavior.
The groups are led by certified batterer's
intervention counselors trained in dealing with domestic violence
offenders. The programs work with the courts and victim services
to help make sure that partners of batterers remain safe. The
programs may involve weekly sessions of 1 to 2 hours in length.
The batterer must participate in the program for a minimum of
80 hours. Group leaders feel your safety is a priority concern
and will keep ongoing contact with you.
WILL THE INTERVENTION
STOP THE ABUSE? There are no guarantees
that the violence will stop because the abuser attends a certified
batterer's intervention program. Many abusers drop out of programs
or do not comply with the requirements, or only reduce their
abuse temporarily. If the judge requires attendance as part of
a sentence, dropping out may mean the defendant/abuser may have
to serve jail time. The abuser must want to change the abusive
behavior and work hard at making those changes. Promises to change,
flowers and apologies are not enough. You deserve to be safe
and free from abuse.
YOUR RISK OF HARM:
Statistically, the most dangerous
time for victim is when leaving the batterer. The abuser may
feel he or she is losing control and become dangerously angry.
Take steps to protect yourself from abuse or punishment from
your abuser. Please trust your instincts. If you are afraid that
something may happen, take your feelings seriously and protect
yourself. You know your situation better than anyone else.
SUGGESTIONS FOR
PROTECTION:
- Develop a safety plan that includes an
escape plan for you and your children should a violent incident
occur. During an incident, try to move away from an area or room
where access to weapons might increase your risk, such as the
kitchen, or where you can be trapped or easily injured.
-
- Call the police or leave the house as
soon as possible after an abusive incident. The police will respond
and stay with you until you are safe or in a safe place. The
police will also help you seek medical treatment, if needed.
If you feel you may be in danger, dial the police number and
hang up before it rings, so that the redial button will automatically
call the police if you need them quickly.
-
- Be alert when leaving the courthouse.
If you have any reason to believe your abuser may be waiting
for you, please ask someone in the District Attorney's Office
or Court Advocate to help. A police officer or a court officer
may be able to escort you to your car.
-
- Guns or weapons will be ordered turned
over to the police by the judge, along with any license to carry
the guns and firearms identification card. Inform the police
of any guns/weapons the abuser may keep in the house.
-
- Consider changing the locks on your home.
The judge can order the abuser to turn over the keys to your
home and/or your car. Keep an extra set of keys in a safe place.
-
- Inform your neighbors if a 209A order
is in place. Encourage them to call the police if they see or
suspect that something is wrong.
-
- Make copies of important papers and keep
them in a safe place. Make a list of the things you need to take
with you (birth/medical records, marriage license, check/ bank
books, credit cards, medications).
-
- Keep emergency money and extra clothes
for yourself and your children in a safe place or with someone
you trust. Include a few toys and favorite things for the children.
-
- Keep the victim's service agency number
handy for emergency shelter and for support groups.; You do not
have to leave the abuser or have a 209A Order to attend the support
groups. Information and support in making decisions are important.
-
- Get medical attention as you may be injured
much more seriously than you realize. Go to a hospital emergency
room or your private doctor as soon as possible for treatment.
Ask for a copy of the treatment record.
-
- Have pictures taken of your injuries and
bruises at the hospital, police department, shelter or District
Attorney's Office.
|
![[Hatfield Police Department]](../images/smallheader.jpg)
![[Domestic Violence]](../images/btndomesticdown.gif){kind=small}
