H3504 - An Act Relative To Reform Of Abuse Prevention Law
H3504 - An Act Relative to Reform of Abuse Prevention Law
Abuse prevention law is designed primarily to protect women from domestic violence. Over time, its provisions have been broadened to the extent that allegations of domestic abuse can become a powerful, no-risk weapon for someone seeking strategic legal advantage in a civil matter—particularly in divorce when custody of minor children is being contested.
The law must find the delicate balance between these opposing interests: (1) ensuring that all victims of domestic violence receive the protection they need and (2) protecting due process for accused perpetrators. This bill attempts to redress the imbalance that presently exists between these two conflicting interests. It provides some fundamental and essential rights for the accused, while removing incentives and providing some disincentives for fraudulent misuse of the law.
A defendant subject to an abuse protection order can lose contact and all legal access to his children, be forced to vacate his home, entered into a state-wide Abuse Registry (from which removal is presently impossible), ordered to pay restitution and child support¾all merely on the hearsay testimony of his accuser, at a hearing where he may or may not be present.
This powerful tool for combating domestic violence must be balanced by reasonable protections for the accused. This bill does the following:
Section 1 removes the part of the existing definition of abuse that relates to the state of mind of the alleged victim.
Section 2 requires that violations of abuse protection orders be intentional.
Section 3 remove provisions for no-contact with a defendant's children when they are not alleged to be the victims of abuse.
Section 4 provides disincentives for committing perjury in order to obtain an abuse protection order, and requires that requests for orders be signed under the pains and penalties of perjury.
Section 5 provides a basis for gathering data on the prevalence of restraining orders in divorce and custody litigation.
Section 6 requires that all hearings to obtain abuse protection orders be conducted in comportment with the Civil Rules of Evidence.
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H3504 - An Act Relative To Reform Of Abuse Prevention Law
SECTION 1. Section 1 of chapter 209A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking line 3 through line 8, and inserting in place thereof the following sentences:—
"Abuse", repeated occurrences of either of the following acts between household members:
(a) intentionally causing serious physical harm;
(b) causing another to engage involuntarily in sexual relations by force or threat.
SECTION 2. The fifth paragraph of section 7 of chapter 209A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "Any" in line 42, the following word:—intentional.
SECTION 3. Section 3 of chapter 209A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking line 31 through line 33. Item "(i)," appearing on line 34, is renamed item "(h)."
Section 7 of chapter 209A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 23, the words "or the plaintiff's minor child."
SECTION 4. Section 4 of chapter 209A of the General Laws, as appearing in the 1994 Official Edition, is amended by inserting at the end the following paragraph:—
If at the ten-day-hearing after the issuance of a temporary order, the defendant demonstrates to the satisfaction of the court that the alleged abuse victim committed perjury at the emergency hearing to obtain the emergency order via fraud, the court will vacate the temporary order and shall report the perjury to the district attorney in writing.
Section 9 of chapter 209A of the General Laws, as appearing in the 1994 Official Edition, is amended by inserting at the end the following sentence:—
The complaint shall be signed by the plaintiff under the pains and penalties of perjury.
SECTION 5. Section 6B of chapter 208 of the General Laws, as appearing in the 1994 Official Edition, is amended by inserting after the words "if any," in line 9, the following words:—
a listing of any abuse protection orders issued on either party, including date, court of jurisdiction, nature of abuse claimed, and relief granted by the court for the plaintiff,
Section 46 of chapter 208 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting at the beginning of line 5 the following words:—
a listing of any abuse protection orders issued on either party, including date, court of jurisdiction, nature of abuse claimed, and relief granted by the court for the plaintiff, an accounting of any attorneys fees awarded,
SECTION 6. Chapter 209A of the General Laws is hereby amended by inserting after Section 4 the following section:—
Section 4A. Upon timely written request of the court by the plaintiff or defendant, at hearing within ten court business days, or at any hearing to extend a restraining order issued under this chapter or Chapter two hundred and eight, such hearing shall be evidentiary and conducted in comportment with the Civil Rules of Evidence.
For further information, contact:
Mark Charalambous
20 Abbey Road #202, Leominster, MA 01453
(978) 840 -0268
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