(Frequently Asked Questions)
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F.A.Q. (Frequently Asked Questions) |
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," or a "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, on weekends and holidays. You do not need a lawyer
to file for a 209A Order4 and there is no charge for filing.
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Safety
Tips
Be alert when leaving the courthouse. If you have any reason to believe your abuser is waiting for you, go to the Court Advocate. Ask if someone (a police officer or court officer) can escort you to your car. Inform the police of any guns/weapons the abuser keeps in the house. Guns or weapons will be ordered turned over to the police by a judge. Change the locks on your home. If this is a hardship, a judge can order the abuser to turn over keys to your home (and your vehicle). 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. |
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