New Domestic Violence Legislation (Signed August 8,
2014 by Deval Patrick)
The new domestic violence statute has made monumental
changes in response to the Jared Remy case (Remy Details),
which was a tragic occurrence for all in Boston. Largely in response to the
issue of marriage or a substantial dating relationship being the only
conditions that fell within M.G.L. Ch. 209A; the new statute allows for
protection in all domains, even if the parties are not involved in a substantial
dating relationship. The span of this new law does not only cover
relationships, but it also reaches out to roommates. In conjunction with the changes
of who is protected under the new legislation, changes have also been made in
the responsibly of employers and law enforcement.
In accordance with the new changes in domestic violence legislation,
employers with a staff of fifty or more must notify their employees of their
rights granted under the new provisions. Employers are to notify their
employees of their new rights under the law and are to uphold the law under the
supervision of the Attorney General. Employees who are victims in a domestic
dispute are granted fifteen days of leave in a calendar year, which may be paid
or unpaid and left to the discretion of the employer. The leave may only be
used in response to the domestic dispute and the employee will be subject to
present proper documentation of the incident to their employer and a notice of
time prior to the date. All documentation and information between the employee
and employer must be kept confidential. The documentation can include any court
paperwork or copy of a police report. The fifteen days of leave may be used for
medical attention, court dates, seeking counsel, therapy, or victim services.
Under this new rule perpetrators are not covered or able to take advantage of
the benefits offered.
Employers Against Domestic Violence
Under the new domestic violence law an arrest must be made
and now the perpetrator must be held for a minimum of six hours, unless a court
deems earlier bail necessary. All police reports are to be held
confidential. Police will now be
required to partake in domestic violence training, which was a serious issue in
the past. Added training and funding will now allow all responders to be
properly trained in assessing Domestic Abuse. Police will now be able to
participate in a state wide and local domestic violence team that will
specialize in assessing, preventing, and keeping statistical data on domestic
abuse. In response to these changes, the police will be held accountable by
means of tracking statistical data. These changes will ensure safety and be used
as building blocks going forward.
Steps of 209A
1. Event of domestic abuse.
3. Next business day appear in court for ex parte- One-sided restraining order.
4. 10-Day Court Hearing- Both parties able to attend. Reasonable apprehension of imminent physical harm. The perpetrator is able to dispute the terms and get the restraining order waived if the court deems it necessary.
5. Must renew restraining order yearly. But in specific circumstances the Restraining Order can be extended permanently.
Domestic Violence Programs
Written by: Patrick Gilbride
