February 11, 2012
/24-7PressRelease/ -- New Massachusetts Restraining Order Law Provides Greater Protection
When domestic violence occurs, a restraining order is an important piece in a victim's safety plan. Until early last year a victim of stalking, sexual abuse and even rape in Massachusetts was unable to protect her or his-self with a restraining order if the victim did not at least have a substantive dating relationship to the abuser. Fortunately, the law on restraining orders in Massachusetts has been updated to include such victims.
Previous Restraining Order Eligibility in Massachusetts
In Massachusetts a restraining order is also referred to as a 209A protective order. The previous restraining order law only covered certain types of relationships and was less oriented toward the trauma that the victim suffered. Under the previous law in Massachusetts, only people who were engaged or married, had a child together, lived in the same household, were related by blood or marriage or had a substantive dating relationship could be protected by a restraining order.
New Eligibility for Restraining Order in Massachusetts
The old law left out criminal harassment victims who knew the harasser but lacked a substantive dating relationship to the person and therefore such victims were not able to protect themselves. The new law creates a category of restraining order called a harassment prevention order. Now a victim who suffers harassing behavior like stalking, sexual assault and threats to damage property from an acquaintance or stranger can obtain a restraining order.
To obtain a harassment prevention order, a victim who has not been sexually abused is required to cite three instances where the victim was subjected to "willful and malicious conduct." The victim will sign a sworn statement and attend a future court hearing.
Previously, a victim of criminal harassment that lacked a substantial relationship to the abuser would likely resort to a temporary restraining order that only provided civil penalties if it was violated. Under the new law, an action that violates a harassment prevention order is a criminal offense and the person who violates a harassment prevention order can face criminal penalties.
The change in the law is important because up to 85 percent of sexual assault victims do not have a substantive relationship with their aggressor but know their aggressor. A victim of criminal harassment, stalking and sexual assault in Massachusetts now has a strong protection mechanism with criminal liability that the police can easily enforce.
If you feel threatened by or have been the victim of stalking, sexual abuse or domestic abuse, contact an experienced Massachusetts criminal law attorney today to discuss your options.
Article provided by S. De Oliveira Law, LLC
Visit us at http://www.sdeoliveiralaw.com/
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