Divorce processes can result in bad blood, and they are never simple. However, all parties should maintain a civil and respectful demeanour throughout the process. When one group member crosses the line and engages in physical abuse, your lawyer can intervene to offer legal protection in the form of a temporary restraining order and fight for compensation.
The legal choices and safeguards provided by Massachusetts’ statutes for victims of domestic violence may initially seem limited. Please contact a Boston divorce attorney if you’re concerned that reporting domestic violence will impact your divorce.
Abuse Laws in Massachusetts
Mass. General Laws c.209A, a section of the Abuse Prevention Act, sets down legal definitions and protections for domestic violence in Massachusetts. Abuse is defined by law as any bodily harm, threats of physical harm, intimidation that suggests physical danger or any unwanted sexual behaviour. The rule applies to both household members, such as roommates, and family members, such as a spouse or parent. Even if your divorce is still pending, this statute can offer protections to soon-to-be ex-spouses who have been subjected to domestic abuse.
Domestic Violence Legal Protection
The Massachusetts Abuse Prevention Act provides victims of domestic violence with a broader range of safeguards than harassment statutes. However, it is only applicable to family or household members. You may ask the court for assistance if your ex-spouse starts to abuse you:
- Refrain from being abused by the defendant (your abuser).
- Except for legitimate court-ordered reasons, stop the defendant from contacting you.
- Keep them out for a limited time, usually no longer than a year, and don’t let them into your house or place of business.
- If there is evidence that giving the sole victim custody is in the kids’ best interests, then you should give her interim custody of any minor kids.
- The court may issue an Abuse Prevention Order, a restraining order created primarily to assist partners and kids threatened with physical abuse by a spouse or parent, to accomplish these steps.
- A domestic violence restraining order form may be downloaded, completed, and filed in your county family court if you are a victim of domestic abuse. After filing, you will have a hearing with a court that will decide whether or not to grant you a Temporary (Ex-Parte) Order. This order lasts for 10 working days and can be requested from a judge without a hearing to offer short-term protection from an abuser.
