Domestic Violence

Harassment Prevention Orders Under G.L. c. 258E

I have written in the past about 209A Abuse Prevention Orders – the mechanism by which victims of family or household violence can obtain court orders of protection.  Burns & Levinson partners Ronald Barriere and Cici Van Tine recently presented on the issue of divorcing an abusive spouse, which included discussion of the protections available. But what about someone who is being harassed or abused by someone who is not a spouse, family, or household member?

Under Chapter 258E of the Massachusetts General Laws, someone who is the victim of harassment can request an Order from the Superior Court, District Court, Boston Municipal Court, or Juvenile Court (for parties under age 17) to prevent harassment or abuse.  Unlike when seeking a Chapter 209A Abuse Prevention Order, a party seeking a Chapter 258E Order is not required to show that the parties are related or have a history of any type of marital or dating relationship.  Anyone can obtain a 258E Harassment Prevention Order upon a showing of harassment.

Harassment for purposes of obtaining a 258E Order is defined as (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent … Keep reading

Divorcing an Abusive Spouse: What Do You Need to Know?

In episode four of our divorce-focused webinar series, attorneys Ronald Barriere and Carolyn Childs Van Tine aim to demystify the process and help alleviate anxieties common in the dissolution of abusive relationships. For instance, how can the presence of abuse impact the process of selecting a divorce attorney? What are the co-parenting strategies, and what legal options are there when children are involved? Learn the practical considerations and legal procedures you will face and gain insight to help you navigate your divorce with confidence.

Please note, courtesy of the National Domestic Violence Hotline: “Computer use can be monitored and is impossible to completely clear. If you are afraid your internet usage might be monitored, call the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224. Users of web browser Microsoft Edge will be redirected to Google when clicking the ‘X’ or ‘Escape’ button.”

Click here to watch the full episode.… Keep reading

How to Obtain a 209A Abuse Prevention Order During the COVID-19 Pandemic

Abusers like to isolate their victims – closing off relationships with trusted friends and family who can offer another perspective or a place of shelter from abuse.  Stay-at-home directives issued to flatten the curve of COVID-19 are giving some people cherished time at home with family, while it is trapping others with their abusers.  As my colleague, Andrea Dunbar, recently wrote, Courts in the Commonwealth of Massachusetts remain available for those in need of protection from abuse. But which Courts are available and how can they be accessed by those suffering intimate partner abuse?

All District Courts, Probate and Family Courts, as well as the Boston Municipal Court have jurisdiction to enter 209A Abuse Prevention Orders.

  • There are 61 District Courts in the Commonwealth of Massachusetts. You can find the District Court that serves your home address here.
  • There are 18 Probate and Family Courts in the Commonwealth of Massachusetts. You can find the Probate and Family Court that serves your home address here.
  • The Boston Municipal Court has 8 locations serving the City of Boston. You can find the BMC locations here.

To obtain an initial 209A Abuse Prevention Order, forms can be emailed … Keep reading

Divorce and Space Crimes

The First Crime in Space! Recent headlines from The New York Times and other prominent news agencies drew in readers stating that the first crime in space had allegedly been committed. The articles went on to discuss the thorny privacy and jurisdictional issues given that NASA was involved and the crime was purported to have occurred on the International Space Station, where astronauts from the United States, Russia, Japan, Europe and Canada orbit the Earth. At its heart, however, the supposed first crime in space is a bitterly contested domestic relations matter involving income, assets, custody of a child, and de facto parent status.

Summer Worden and Anne McClain (a decorated NASA astronaut who was tapped for the first all-female spacewalk, and is in consideration to be the first woman on the moon) were married in 2014. Ms. Worden has a son, who was born approximately one year before the parties met.

By 2018, the parties’ relationship had broken down, and Ms. McClain, who had no legal status as a parent to Ms. Worden’s son, approached a Texas Court asking for shared parenting rights to the child and “the exclusive right to designate the primary residence of the child.” … Keep reading

For the Love of Pets

I grew up in a family where pets were always present. My dad was known to just randomly show up at home with a new puppy.  At one point in my childhood, I think there were two dogs, two cats, two hamsters and a few fish living in our house.  I have continued to share my home with pets in my adulthood – with always at least one cat (ok, often two). I have had my pets photographed with Santa (it was for charity!). I am known to give birthday cards from my dogs. At least I don’t dress them up in costumes – well, not usually.

Many people – myself included – consider their pets to be much more than property and love those pets almost as much as they love their children. Pets can become non-judgmental friends, companions for long walks, and a shoulder to cry on during difficult times. As my colleague, Andrea Dunbar, wrote in her recent post, pets are considered property in the Probate and Family Court when it comes to who will keep a pet after a divorce.  But, where there is abuse, the Court can give a victim care and control … Keep reading