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Family Law: Domestic Violence
If you or your child are being abused or threatened with abuse by a family or household member, there is a law to help you: Chapter 209A of the General Laws of Massachusetts.
A family or a household member as defined by Chapter 209A includes:
- a current or former spouse
- a current or former boyfriend or girlfriend or fiancee
- a person who currently or formerly lived with you in the same household
- a person related by blood
- a person currently or formerly related by marriage
- a person with whom you have a child in common, even if you have never married or lived with that person
Abuse as defined by Chapter 209A includes:
- physical harm to you or an attempt to physically harm you
- placing you in fear of imminent serious physical harm
- forcing you to engage in sex by force, threat or duress
How Chapter 209A works
You may request protection from abuse by filling out an easy-to-understand form called a complaint. These forms are available in the Superior Court, the Boston Municipal Court, the Probate and Family Court and the District Court.
If you request, the court can order that your address in the court file be kept confidential from the abuser and his or her attorney.
The court may protect you in a number of ways including, but not limited to:
- ordering the abuser to stop abusing and/or contacting you or your child
- ordering the abuser to move out of the household and remain away for up to one year (this time may be extended if needed)
- ordering that you be given custody of, and paid support, for a minor child
In addition, the defendant also may have to pay for your shelter or emergency housing, loss of earnings or support, medical expenses, moving expenses, property damage and reasonable attorney's fees.
The court usually orders that the abuser surrender firearms, identification cards and permits.
Custody of Children
Children suffer when they are exposed to violence between their parents. The highest court of Massachusetts has recognized that domestic violence is harmful to children and has a devastating effect on them. The Probate and Family Court, which decides custody cases, is not allowed to give custody of children to a parent who has abused the other parent unless the court makes written findings of fact (a written statement of reasons) explaining why such an order would be in the best interest of the child.
Enforcement and Punishment for Violation of a Court Order
You enforce your order by contacting the police or the district attorney's office. A violation of the court's orders is a criminal offense. It is punishable by a fine of up to $5,000 and/or imprisonment for up to 21/2 years. In addition, the defendant may be required to undergo counseling in a batterer's treatment program and be put on probation.
Protection for Noncitizen Victims of Abuse
Immigrants and their children who have suffered domestic abuse have special protection under the immigration law. Abused immigrants may file immigration papers for themselves and their children to get a green card without relying on abusive spouses to file for them. Abusive spouses must be U.S. citizens or lawful permanent resident. Abused children can file on their own if a parent, who is a U.S. citizen or lawful permanent resident, is abusing them. Under immigration law, a child is someone who is under age 21 and unmarried. The abuse can be actual physical battering or can be emotional harm or threats that amount to extreme cruelty.
If you divorce before filing a petition, you may lose many rights. However, you may separate before filing the petition without losing your immigration rights if you have lived together in the U.S.Posted on Apr 27, 2000 |
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