|
|
|
|
Detective Division Domestic Violence Information What is domestic violence? Domestic or family violence is the abuse of power or control. It is behavior used by one person to control another through force or threats. A batterer makes a choice to strike, hit, kick, punch or threaten the victim. Family violence can occur between husbands and wives, ex-spouses, dating partners, adult children and aging or ailing parents, same-gender couples, parents and children or caregivers and clients. The vast majority of victims are women. Domestic violence includes physical and sexual attacks and threats. These violent acts are criminal and the batterer can be prosecuted for committing them. Emotional abuse and insulting words are almost always part of the abuse system, but are not considered criminal acts. The acts are a means of controlling the victim’s thoughts, feelings and behavior. The violence does not lessen over time. The threats and beatings generally happen more often with time, last longer and cause greater physical injuries. Domestic violence is not caused by or provoked by the actions or inaction of the victim. Domestic violence is not directly caused by alcohol or drug abuse, depression, lack of money, lack of a job, mental illness or abuse as a child. However, existing problems often create additional stress in a relationship and may increase the risk of violence. Many abusers blame the victim or other things for their violent acts and do not take responsibility for their abusive behavior. There is never an excuse for violence. Why do victims stay in abusive relationships? There are many reasons why individuals stay in abusive relationships. The typical cycle of abuse, which begins with a tension-building stage and erupts into a major episode of violence, is more often than not followed by a period of remorse, or a honeymoon stage. In this stage the abuser promises that the violence will never happen again. He may be on his best behavior and treat the victim with kindness and generosity. A major reason why women stay in abusive relationships is the false hope that the partner has really changed. Unfortunately, the cycle is likely to repeat itself. Several other factors influence the victim’s decision to stay in an abusive relationship. A woman’s attempts to leave may result in more violent attacks. Or she and her children may be financially dependent on the abusive partner. Plus, the victim is likely to suffer from a low sense of self-worth making an independent move unlikely. Some women may also have strong religious or cultural beliefs that prevent them from breaking up the family. Furthermore, many abused women have been isolated from their friends and family, eliminating the support network that would assist in ending the abusive relationship. Despite the fact that many women return to abusive relationships, it is important to recognize the factors that influence a victim’s decision. Who is affected by domestic violence? Each year in the United States millions of people – mostly women – are abused by their partners. Domestic violence results in major medical and social problems. It takes a severe toll on children. Furthermore, children from violent homes are more likely to grow up to become the next generation of adult abusers and victims. The problems caused by family violence hurt every community. Abusers come from all economic and social classes, ethnic and educational backgrounds. Although women are primarily victims, men are abused too. In fact, men who are abused are less willing to report abuse and have fewer social services that address their needs as victim. In addition, many relationships are mutually abusive in which both partners engage in physical or emotional abuse. It is important to recognize the prevalence of domestic violence throughout every strata of society. How does family violence affect children? Many children who live in violent homes develop serious physical, mental and emotional problems. There are common warning signs that may indicate a child is subjected to violence or abuse at home. The warning signs may differ for males and females. For example, girls may act passively and withdraw from others while boys may act aggressively and lash out at others. Common warning signs include: unusual or unexplained injuries chronic illness, headaches or stomachaches signs of neglect, such as poor hygiene or dirty clothing withdrawal (for example, playing alone and having no friends) depression or low self-esteem use of violence to solve conflict trouble falling or staying asleep, or sleeping during school flashbacks or nightmares difficulty expressing emotions other than anger school problems, including lengthy absences acting overly responsible (as if they’re ‘the head of the family’) RIGHTS OF THE ABUSED You have the right to appear at the Superior, Probate and Family, or Second District Court, if you reside within the approximate jurisdiction, and file a complaint requesting any of the following applicable orders: an order restraining your attacker from abusing you an order directing your attacker to leave your household, building or workplace an order directing your attacker not to contact you or a child in your custody an order awarding you custody of a minor child an order directing your attacker to pay support for you or any minor child in your custody, if the attacker has a legal obligation of support and an order directing your attacker to pay you for losses suffered as a result of abuse, including medical and moving expenses, loss of earnings or support, cost for restoring utilities and replacing locks, reasonable attorney fees and other out-of-pocket losses for injuries and property damage sustained that your current or new address be kept confidential from the abuser for your safety.
For an emergency on weekends, holidays, or weeknights the police will refer you to a justice of the Superior, Probate and Family or Second District Court. You have the right to go to the appropriate district court and seek a criminal complaint for threats, assault and battery, and assault with a deadly weapon, assault with intent to kill or other related offenses. If you are in need of medical treatment, you have the right to request that an officer present drive you to the nearest hospital or otherwise assist you in obtaining medical treatment. If you believe that police protection is needed for your physical safety, you have the right to request that the other officer present remain at the scene until you or your children can leave or until your safety is otherwise ensured. You may also request that the officer assist you in locating and taking you to a safe place, including but not limited to a designated meeting place for a shelter or a family member’s or a friend’s residence, or a similar place of safety. You may request a copy of the police incident report at no cost from the police department.
FREQUENTLY ASKED QUESTIONS What is the legal definition of abuse? Chapter 209A, the Massachusetts Abuse Prevention Act, defines abuse as the occurrence of one or more of the following between family or household members: attempting to cause or causing physical harm placing another in fear of imminent serious physical harm causing another to engage involuntarily in sexual relations by force, threat or duress What is an Abuse Prevention Order? An Abuse Prevention Order, called a "209A order," or a "protective order," or a "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. What is a family or household member? Chapter 209A, the Massachusetts Abuse Prevention Act, defines family or household members as persons who: are or were married to one another are or were residing together in the same household are or were related by blood or marriage having a child in common regardless of whether they have ever married or lived together, or are or having been in a substantive dating or engagement relationship, which shall be adjusted by district, probate or Boston Municipal Courts, by considering the following factors: the length of time of the relationship the type of relationship the frequency of interaction between the parties, and if the relationship has been terminated by either person, the length of time elapsed since the termination of the 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. Should you decide to go to the District or Superior Court to obtain a 209A, you may go to the respective court in the area where you live or, if you have fled to another area to avoid abuse, you may go to the respective court in the area you have now taken up residence. Go to the clerk’s Office in the court and ask for a "protective order," or a "209A Order," or "restraining order." You will receive a packet of forms to complete, which is your application for a protective order. I live in Raynham, which court can I go to? Taunton District Court, 45 Rock Street, Tel. 508-679-8161. The court is closed, how do I get a 209A Order? 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 make application for a 209A Order and there is no charge for filing. Be sure to call the police department which has jurisdiction over the area you reside in. Will a restraining order send my abuser to jail? When the court issues a 209A restraining order, it is a civil action. It is intended to protect you from future abuse. It is not a criminal action and will not punish someone for what they may have already done to you. By itself, a 209A order will not cause anyone to go to jail. What happens if my abuser violates the Order? Once a 209A Order is issued, violation of any terms of the order is a criminal offense. The police must arrest the abuser if they believe or can see that the terms of the Order were violated. If you do not call the police, you may be able to file an application for criminal complaint on your own at the clerk’s Office in the District Court. A Victim/Witness Advocate can assist you with that process. It is recommended that if your abuser violates the Order, call the police immediately. How will my abuser find out about the restraining order? The Police Department will be given a copy of the restraining order, which they will give to your abuser. This is called "service." How much does a restraining order cost? There is NO COST to obtain a restraining order. Do I need a lawyer? No. You do not need a lawyer to file for a 209A restraining order, but an attorney may represent you if you choose. How can I protect myself? Develop a safety plan that includes an escape plan for you and your children should a violent incident occur. During an incident, try to move away from an area or room where access to weapons might increase your risk, such as the kitchen, or where you can be trapped or easily injured. Call the police or leave the house as soon as possible after an abuse incident. The police will respond and stay with you until you are safe or in a safe place. The police will also help you seek medical treatment, if needed. Dial "9-1-1" when there is an emergency, Fall River has Enhanced 911 and your address will automatically appear on the police dispatch screen. Be alert when leaving the courthouse. If you have any reason to believe your abuser may be waiting for you, please ask someone in the District Attorney’s Office or Court Advocate to help. A police officer may be able to escort you to your car. Inform the police of any guns or other weapons the abuser may keep in the house. The abuser will be ordered to turn over all guns and weapons to the police by the judge, along with any License to Carry Firearms or Firearms Identification Card. Consider changing the locks on your home. The judge can order the abuser to turn over any and all keys to your home and/or car. Keep an extra set of keys in a safe place. 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. Make copies of important papers and keep them in a safe place. Make a list of the things you need to take with you. i.e., birth/medical records, marriage license, check/bank books, credit cards, medications. Keep emergency money and extra clothing for yourself and your children in a safe place or with someone you trust. Include a few toys and favorite things for the children. Keep the victim’s service agency number handy for emergency shelter and for support groups. You do not have to leave an abuser or have a 209A Order to attend the support groups. Information and support in making decisions are important. Get medical attention as you may be injured more seriously than you realize. Go to a hospital emergency room or your private doctor as soon as possible for treatment. Ask for a copy of the treatment record. Have pictures taken of your injuries and bruises at the hospital, police department, shelter or District Attorney’s Office. MASSACHUSETTS
209A ABUSE LAW You have the right to appear at the District Court, Probate and Family Court or Superior Court, if you reside within the appropriate jurisdiction, and file a complaint requesting any of the following applicable orders: 1. An order restraining your attacker from abusing you; 2. An order directing your attacker to leave your household, building or workplace; 3. An order awarding you custody of a minor child; 4. An order directing your attacker to pay support for you or any minor child in your custody, if the attacker has a legal obligation of support, and; 5. An order directing your attacker to pay you for losses suffered as a result of abuse, including medical and moving expenses, loss of earnings or support, costs for restoring utilities and replacing locks, reasonable attorney's fees and other out-of-pocket losses for injuries and property damage sustained. For an
emergency on weekends, holidays, or weeknights, the police will refer you to
a justice of the District Court, Probate and Family Court or Superior Court
departments.
|
||||||||
|
|