NCJ Number
138454
Journal
New England Law Review Volume: 24 Issue: 3 Dated: (Spring 1990) Pages: 713- 725
Date Published
1990
Length
13 pages
Annotation
This article provides an overview of both the psychological state of victims of domestic abuse and the Massachusetts law that aims to protect those victims.
Abstract
The essence of domestic abuse is the perpetrator's control of the victim through violence and intimidation. This typically results in learned helplessness in the victim, avoidance behaviors prompted by fear, and psychological defense measures that are ultimately damaging to the victim's psychological functioning. In responding to domestic violence, lawyers and judges must, through orders and judgments, redress the control issue that is at the core of the abuse. Massachusetts General Laws Chapter 209A, the Abuse Prevention Act, addresses abuse prevention. It provides litigants, lawyers, and judges with the legal means to address problems that attend abuse and victimization. The procedures provide for either criminal or civil processing of the case. Consequently, the superior court, probate court, district court, and Boston municipal court all have jurisdiction to hear abuse prevention matters. The statute provides various remedies that courts can use to address domestic abuse. These measures include prohibition of contact between the parties, an order for a party to leave the home, and support provisions. The law does not allow the court to grant custodial orders for minor children. The statute provides that, based upon a finding of a substantial likelihood of immediate danger, a court may enter temporary orders without notice to the defendant. The purpose of such orders must be protection for the plaintiff. In addition to chapter 209A, if an individual inflicts harm on a household member, the bail statute might be activated. The law provides that after a hearing, the court, in addition to terms of personal recognizance, may impose such terms as will ensure the safety of the person suffering the abuse. 83 footnotes