Best Domestic Violence Lawyers in Massachusetts

About Domestic Violence Law in Massachusetts, United States

Domestic violence in Massachusetts refers to abusive behaviors that occur within a family or household setting. This includes physical, emotional, psychological, sexual, or economic abuse against a partner, spouse, ex-partner, family member, or someone with whom the abuser shares a child. The Commonwealth of Massachusetts takes domestic violence very seriously and has enacted comprehensive laws designed to protect victims, punish offenders, and prevent future abuse. Laws cover acts or threats of violence and also provide civil remedies such as restraining orders.

Why You May Need a Lawyer

There are several reasons you may need a lawyer if you are dealing with a domestic violence situation in Massachusetts. If you are a victim, a lawyer can help you obtain a restraining order, guide you through the court process, and ensure your rights and safety are protected. If you have been accused of domestic violence, legal representation is critical to ensure your rights are respected and to provide a defense in criminal proceedings. Lawyers can also assist in related matters, such as divorce, child custody, and housing issues that may arise as a result of domestic violence allegations. In all situations, having legal assistance can help you navigate complicated procedures and achieve the best possible outcome.

Local Laws Overview

Massachusetts law defines domestic violence broadly and offers several protections and remedies for victims. Key pieces of legislation include Chapter 209A of the Massachusetts General Laws, known as the Abuse Prevention Act. Under this act, victims of abuse may seek protective orders, sometimes referred to as 209A restraining orders, to keep their abuser away from them, their home, their workplace, and their children. Violating a restraining order can lead to criminal charges. Massachusetts law does not require victims to pay to file for a restraining order. Additionally, certain professionals, such as health care providers and teachers, are mandated reporters required by law to report suspected abuse to authorities.

Criminal penalties for domestic violence offenses in Massachusetts can include jail time, fines, probation, and mandatory attendance at batterer's programs. The law also protects victims by offering confidentiality of addresses and other measures to increase safety. Courts take these cases seriously, especially when children are involved.

Frequently Asked Questions

What is considered domestic violence in Massachusetts?

Domestic violence encompasses physical harm, attempts to cause harm, placing someone in fear of imminent serious physical harm, or causing involuntary sexual relations between family, household members, or partners.

Who is protected under the Massachusetts domestic violence laws?

Protection applies to spouses, former spouses, people related by blood or marriage, people who have children together, people who live together or have lived together, and people who are or have been in a dating or engagement relationship.

What is a 209A restraining order?

A 209A restraining order, also known as an abuse prevention order, is a legal order from the court to prevent an abuser from contacting or approaching the victim. It can address multiple forms of protection, including no-contact, removal from residence, custody of children, and more.

How do I file for a restraining order in Massachusetts?

You can file for a 209A restraining order at your local district court, superior court, or probate and family court. Emergency orders can also be obtained after hours through local police departments.

Are there costs associated with filing for a restraining order?

No, there is no cost to file for or obtain a 209A restraining order in Massachusetts.

What happens if a restraining order is violated?

Violating a restraining order is a criminal offense in Massachusetts and can result in arrest, criminal charges, jail time, and fines.

Do I have to appear in court if I am seeking a restraining order?

Yes, the court will require you to appear for a hearing where you will need to present your case. You may have to testify about your experience and provide evidence.

Can someone be charged with domestic violence if no physical injury occurred?

Yes, domestic violence can include threats, intimidation, emotional abuse, and placing someone in fear of imminent harm, even if no physical injury occurred.

Can I get help if I am not a citizen or if I do not speak English?

Yes, services and legal protections are available to all victims regardless of immigration status or language. Courts and many support organizations have interpreters and resources for non-English speakers.

What should I do if I am falsely accused of domestic violence?

Seek legal representation immediately to protect your rights. False accusations can have serious consequences, including criminal charges, loss of custody, eviction, and damage to your reputation. A lawyer can prepare your defense and guide you through every step.

Additional Resources

If you need help or information related to domestic violence in Massachusetts, consider contacting the following resources and organizations:

• SafeLink Massachusetts Domestic Violence Hotline: Available 24 hours a day for crisis intervention and referrals
• Massachusetts Office for Victim Assistance (MOVA): Support and advocacy for crime victims
• The Massachusetts Court System: Provides information about 209A restraining orders and court procedures
• Jane Doe Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence
• Local Police Departments: Immediate help in emergencies and after-hours restraining order requests
• Domestic Violence Shelters and Advocacy Centers: Safe housing and supportive services for victims

Next Steps

If you are facing a domestic violence situation or have been accused of domestic violence in Massachusetts, it is important to act quickly and seek legal guidance. Start by documenting all incidents and, if you are in immediate danger, contact the police or a crisis hotline. Consider reaching out to a lawyer experienced in domestic violence cases who can explain your options, help you file a restraining order or respond to one, advocate for you in court, and provide advice on related issues like child custody or housing. Many legal aid organizations offer free or low-cost services for those who qualify. Above all, prioritize your safety and do not hesitate to seek help and support.