NCJ Number
112533
Journal
Judges' Journal Volume: 27 Issue: 3 Dated: (Summer 1988) Pages: 20-23,50-52
Date Published
1988
Length
7 pages
Annotation
In 1978, a Massachusetts legislature enacted one of the most comprehensive and far-reaching laws on domestic violence -- the Abuse Prevention Act.
Abstract
The law incorporates aspects of the State's criminal and family law and attempts to address the immediate short-term needs of battered women. The most significant aspect of the act is the easy access it gives victims of family violence to the courts and to relief in the form of an immediate restraining order enforceable by the police. The act defines abuse, permits victims to file actions in the County of residence or in the area to which the victim had fled to avoid abuse. In addition, abuse cases can be heard in district courts as well as in probate and superior courts. Types of relief offered under the act include restraining, vacate, and custody and support orders. No filing fee is charged, and litigants are able to proceed per se. The court also is enabled to order tort-like compensation for losses suffered, including wages, moving and medical expenses, and attorney's fees. Other provisions cover hearings and rehearings, police services to victims and arrest powers, and State victim compensation. Following enactment of the law, a variety of compliance training activities were undertaken for court and police personnel. Between 1980 and 1986, 95,009 petitions have been filed under the act in the district courts, thousands of women have been helped by the law, and attitudes and response within the justice system have improved.