Chapter 5. 209A Protective Orders

1. What is a 209A protective order?

A 209A protective order is a court order to protect one person from being abused by another person.

2. Is that the same as a restraining order?

A 209A protective order is often referred to as a "restraining order." You may also hear them called "Abuse Prevention orders," or "209A's." That is because the statute that created this protection is Massachusetts General Laws Chapter 209A, or "M.G.L. ch. 209A." Many people prefer to use the broader term "protective order" rather than "restraining order," because the order does more than just "restrain" your abuser; it protects you. In this manual we refer to these as 209A protective orders. You may also hear about "Domestic Relations Protective Orders." These orders are given through a divorce and are similar to 209A protective orders.

There are other types of restraining orders, like a restraining order one neighbor might need to keep another neighbor from dumping garbage on their front lawn, or an order to "restrain" one person from spending all the money in a joint account until the court says it is ok. But we will not be discussing those types of orders in this manual. We will just be talking about orders that protect people from abuse.

3. How will a 209A protective order help me?

You are the only one who knows what is best for the situation you are in right now. Some things that the court can order to help protect you include:

• ordering the batterer to stop threatening or hurting you, or to "refrain" from or stop abusing you

• ordering the batterer not to contact you

• ordering the batterer to stay away (including a certain number of yards) from your home or apartment building, or other places you request, such as your work place, your school, day care, etc.

• if the batterer lives with you, ordering him to move out, or "vacate" the home

• if you have moved to escape abuse and/or if the batterer does not know your address, "impounding" or protecting your address so the batterer does not find out where you are

• awarding you temporary custody of your children

• ordering temporary support for you and your children

• ordering the batterer to stay away, not to contact, and to refrain from abusing your children

• ordering the batterer to pay you for any losses you suffered as a direct result of the abuse, such as lost wages, medical bills, broken locks, changing locks, personal property, etc.

• ordering the batterer not to turn off any utilities which are in his name, or to turn them back on if he has already turned them off

• ordering the batterer to surrender his firearms identification card and any guns or weapons to the police

• ordering the batterer to return all keys to the house

• ordering the batterer to return a family car and the spare keys over to you

• ordering (for a very brief period of time) the batterer not to spend or dispose of money in a bank account (so long as that money is not necessary for him to survive)

• ordering the batterer to pick up his personal belongings only with a police escort, or giving you a police escort if you need to pick up your things

• recommending that the batterer attend a certified batterer's intervention program. Although this is more likely to happen in a criminal case than in the protective order hearing, it is possible. See Questions 43 and 44 for more information on certified batterer intervention programs.

• other reasonable requests

4. Will these things really help?

They might, but they might not. Although a 209A protective order is not a bullet proof vest, it is important to remember that it does have the weight of the court system behind it. You know your batterer best, and know if he is likely to violate the order or not. If you have an order, and he does violate it, he could be arrested. Keep in mind that a 209A protective order should be just part of your safety plan. See our personalized safety plan.

5. Who can I get a 209A protective order against?

The courts can issue a 209A protective order against a person if you had any of the following relationships with that person:

• you are or were married to each other;

• you are not married to each other but are or were related to each other by blood or marriage (for example, cousin, brother-in-law, brother);

• you are the parents of one or more children;

• you are not related but currently or formerly were members of the same household; or

• you are or were in a dating or engagement relationship.

6. If I do not fit into any of these categories, what can I do?

You could file for "injunctive relief" and ask for a restraining order, not a 209A protective order, in Superior Court (this manual does not describe this type of an order). Also, you may be able to file a criminal complaint against that person. (See Chapter 4 for more information.)

7. Do I have to be hit by my partner to get a 209A protective order?

Not necessarily. If your partner tried to hit you or push you, or if you were afraid because your partner threatened to hit you, threw something at you or physically threatened you in some other way, that could count as abuse, too. The 209A law says you were abused if someone:

• attempted to cause you physical harm;

• caused you physical harm;

• placed you in fear of imminent serious physical harm; or

• caused you to engage in sexual relations by force, threat, or duress

8. Where can I get a 209A protective order?

During regular business hours Monday through Friday, you can get a 209A protective order by going to the District Court nearest to where you live or to the Probate and Family Court in the county in which you live. (You may also go to the Superior Court in the county in which you live, or to the Boston Municipal Court if you live in Boston, but most 209A protective orders are taken out of the District Courts or Probate and Family Courts.)

If you moved to another place in Massachusetts to escape the abuse, you may go to the courts mentioned above in either the place where the abuse occurred or the place where you are now.

9. How do I decide if I should go to the District Court or the Probate and Family Court for a 209A protective order?

In deciding which court you go to, you should keep the following things in mind:

When Transportation or Distance are Issues for You

If transportation or distance are problems for you, you might want to think about where the court is and when it is open. Since there are more District Courts, there may be one closer to your home. In some areas, the Probate and Family Court may not be open all day, in which case you would get referred to the District Court anyway. Although only Probate and Family Court judges can address visitation, you should know that you have the right to go to either District Court or Probate and Family Court - even if you have children. If you want an advocate to assist you, you will want to know which court has one. If there is no advocate in the Probate and Family Court, and there is one in the District Court, you may want to go to District Court if you can. Many courts have advocates available some of the time that the court is open.

Advocates Who Can Assist You

The advocate might be from a battered women's program or some other type of program, such as Safety Assistance for Every Person Leaving Abuse Now program, better known as "SAFEPLAN." SAFEPLAN is a statewide court-based program run by the Massachusetts Office for Victim Assistance (MOVA) that “assists victims of domestic violence seeking protection from abuse.” Find out more about this program.   Find a SAFEPLAN Regional Coordinator in your area. 

In many courts, the Victim/Witness Advocate can also assist you with a 209A protective order. (See Question 19 for more information about advocates, and the phone numbers of the SAFEPLAN Regional Coordinators in the Resource section at the end of this manual.)

If You Think Visitation Will Be an Issue

If you think visitation will be a difficult issue, you should know that visitation should not be ordered in a 209A protective order in a District Court. Visitation can be ordered in a 209A case in the Probate and Family Court but only if you, the Plaintiff, request it and agree to it.

If you start in the District Court, and your batterer wants visitation, and you do not, he will have to go to the Probate and Family Court and file some sort of action there. If you want to get the matter of visitation settled right away, you may want to start by asking for 209A protective orders in the Probate Court. You should think about what a good visitation schedule will be, write it down and be prepared to offer it to the court. That way, your 209A protective order will contain a visitation arrangement set by the court, with your input. If there is a pending criminal case, you might want to go to the District Court where that case is, so that you are in the same court and may be working with the same Victim/Witness Advocate.

10. How do I get a 209A protective order if the courts are closed?

Call the police if you need a 209A protective order at night, on the weekend, or on a holiday. They will help you get a 209A protective order from a judge on call through the "Emergency Judicial Response System." This order is good until the court is open on the next business day. The police will tell you when and where you must go to get the emergency order continued.

11. Are there times when I have to go to Probate and Family Court for a 209A protective order?

If you and the batterer have an open or pending case involving the children in the Probate and Family Court, the District Court can still grant you a 209A protective order but it cannot issue any orders regarding custody or support of the children. You would have to go to the Probate and Family Court where you have a "pending action" to get a 209A protective order that would give you custody or support of the children.

Sometimes the people at the District Court may try to send you to the Probate and Family Court. Again, even if there is a case pending in Probate and Family Court, and the District Court Judge cannot grant you custody or child support, the District Court Judge can still issue a protective order to keep you safe. You should tell the clerk that you want to be heard by the District Court Judge.

12. If I get a 209A protective order in one town, but then go to another town, am I still protected?

You are protected throughout Massachusetts no matter which court issues the order. You should bring a copy of your 209A protective order to the police department where you live, as well as to your workplace and the children’s schools or day care. And, if you move, remember to bring a copy to that police department as well.

13. What if I go out of state?

When the Congress passed the "Violence Against Women Act," it was intended that all states enforce protective orders issued in other states. Though this Act made things better, this might not be as easy as it sounds. If you know you will be leaving Massachusetts, and you have a protective order issued in Massachusetts, you may want to call a battered women's program in the state where you are going to find out how that state treats out-of-state orders. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE to see if they can offer you more information.

14. What is the difference between criminal charges and a 209A protective order?

Criminal charges, such as assault and battery, stalking, or criminal harassment (See Chapter 4 on Criminal Complaints), are cases filed by the prosecutor (the district attorney) against your abuser for breaking the law. If your abuser is found guilty, he can be sent to jail or prison, and/or fined. The amount of the fine and the length of the sentence to jail or prison depends on a number of factors, including what crime he has committed and his past criminal record.

For instance, if your abuser is found guilty of a crime, he could be sentenced to probation, he could get credit for time served, or he could be sentenced to jail. His sentence may also include mandatory attendance at a certified batterer intervention program. See Questions 42 - 44 in this Chapter.

Unlike criminal charges, a protective order issued under M.G.L. ch. 209A is a civil action filed by the abused person against the abuser. If the court issues a 209A protective order against the abuser, the abuser is not arrested and is not fined or sent to jail. Instead, the court orders him to do or not to do certain acts. The court order states that it is a criminal offense if he violates the 209A protective order or abuses you again.

15. Do I have to file criminal charges in order to get a 209A protective order?

No, you do not. You can still ask the court for protection even if you do not want to file criminal charges against your abuser.

16. If I get a 209A protective order, can I still file criminal charges later?

Yes. If not too much time has passed since the violence.

17. If there are already criminal charges against my abuser, can I still get a 209A protective order?

Yes, you can. You should seek a 209A protective order if you think that a protective order is important for your safety.

18. If I go to court, how do I get a 209A protective order?

The court clerk will have you fill out several forms, including:

• A Complaint for Abuse Prevention form: This is a "fill in the blank" type form that includes names, addresses, and basic information. The basic form is one or two pages; you only need to fill out the second page if there are children involved.
• Instructions for Plaintiffs
  
• An Affidavit of Abuse: This form is actually on the back page of the Complaint for Abuse Prevention form discussed above. This is where you explain why you want the order. You need to be brief, but also clear. Use the facts to explain your fear. Do not just say, "he threatens me," but write down the specific things he said or did. You will likely want to explain the most recent abusive thing that happened, and you should also explain if this type of thing has happened before.
• An Affidavit Disclosing Care and Custody Proceedings (if children are involved): This is another "fill in the blank" form that tells the court if there have been any other actions about custody or support involving the children.
• Confidential Information form:On this form you write your name , residential address, residential telephone number, workplace name, address, and telephone number. This information is confidential. It may be obtained by certain authorized persons who request it on a Request for Access to Confidential Information form
• A Defendant Information sheet: This is a form where you fill in information about the person you are getting the order against. The court uses it to look up the defendant's criminal record. It is also used to assist the police in locating your batterer to serve him a copy of the order.

All of these forms can be found in the Appendix: Forms and Samples.

19. Will there be someone in the courthouse who can help me with this paperwork?

In some courts, the clerks behind the counter are allowed to assist a woman in filling out these forms. These clerks cannot go into court with you or offer you any legal advice.

There may or may not be an advocate available in the courthouse to assist you with this process. If you would like advocacy assistance, you should ask the court clerk if there are advocates available. The clerks will know who and where the advocates are. Note that these advocates are not court personnel, and they usually are not lawyers either. They may be Victim/Witness Advocates from the District Attorney's (DA's) office, they may be SAFEPLAN Advocates funded by the state, or they may be other private advocates from a battered women's program/shelter or some other social service agency See Question 9.

20. Can I still fill out these papers if I don't want my abuser to know where I am and I want to keep my address a secret?

Absolutely! When you file for your abuse prevention order, fill out the Confidential Information form. On this form you write your name, residential address, residential telephone number, workplace name, address, and telephone number. This information is confidential. The Confidential Information form will be kept in a different file somewhere in the court so your abuser should not be able to see it. However, you should still remember to be careful since there are many other ways your abuser can find out where you are living.

21. What do I do after I have filled out the forms?

Once you have completed your paperwork, you should take it back to the clerk's office. The Probation Department then runs a "check" of your abuser's criminal and protective order history. When that is complete, the entire file is brought into the courtroom.

22. Is the Address Confidentiality Program the same as the Confidential Information form?

No. The Address Confidentiality Program is an additional confidentiality process available when the following conditions are met:

• You have recently relocated to a new address that is unknown to the batterer;
• No governmental agency has your new address;
• You attest that disclosure of your address will result in harm to your life or the life of your minor children;
• You cannot disclose your address to your abuser or perpetrator of violence against you EVER;
• You cannot disclose your new address to a governmental agency.

This program applies to governmental agencies only at the present time. If you think you are eligible for this program, you should call the Secretary of State’s Office and tell them you want to apply for the Address Confidentiality Program (1-866-SAFE-ADD). Many courts have a clerk trained in taking applications for this new program so you should also contact the Probate and Family Court, or a District Court that may be nearer to you.

23. What will happen in the courtroom after I fill out all the papers to apply for a 209A protective order?

This is your "ex-parte" hearing (meaning that only one party --- you --- is present). You will go before the judge who will look at your complaint and read your written statement (your Affidavit).  The judge may ask you questions about why you want a 209A protective order. This is when you will tell the judge what happened, following the facts you listed on the papers you filled out. If you brought any reports (police or medical) or pictures to support your claim, you can show them to the judge now. If there is an advocate with you, the judge may allow the advocate to speak on your behalf, or may ask her questions about your claim, or may let her stand with you up at his bench.

24. How will I know if the judge is going to give me a 209A protective order?

The judge will tell you if she is going to issue the order right then and there. If she grants the order, she will tell you the date you have to come back to court for the second hearing (also called the “return hearing” - this is usually scheduled a short time after your first hearing, often ten days or less). The order she issues you at this ex-parte hearing will only be good until the date of the return hearing. The file will be taken to the clerk's office so that the order can be typed. You should wait there to get your copy of the order. This might take a little while. You can ask if you have time to go out and then come back for it in fifteen to thirty minutes, if you feel safe. You will want to keep a copy of this order on you at all times. You may also want to keep spare copies in other places, like your workplace, your car, with your babysitter, your children's doctors, your friend's house, your children's schools, your parent's house, etc. If you lose your order, you need to go back to the court that issued the order and ask them for another copy. If the order states Defendant is to stay away from your work or the children’s school, you need to make sure those places have copies of the order.

Be sure to read the order when it is given to you. You will want to make sure that the information on it is accurate. If it is not, go back to the clerk and explain the error. If the clerk is not able to assist, you will need to go back in front of the judge again to make the correction.

25. Once I get my copy of the order, does this mean the order is in effect?

No, not yet. The next step is to have the batterer served with the order. You should not assume the order is in effect until the police confirm that he has received "notice" of it through service by them. The clerk's office will tell you whether they will send the order to the police or whether you must take the order to the police. If you have an order requiring your batterer to leave the home, the police will serve him and wait while he leaves.

26. If I have my order, why do I have to come back to court so soon for another hearing?

In order to keep your 209A protective order in effect, you must return to court on the day the judge set for the return hearing. This is because your batterer has to be given a chance to speak in court to tell his side of the story.

This date is usually 10 days after you originally went in for your ex-parte order, and that is why the return hearing is sometimes referred to as the "10-day hearing." Some courts will schedule the return hearing for a much shorter time, for example, on the Monday morning after the weekend in which the Defendant was served.

27. What happens at that next hearing if my batterer was not served a copy of the order?

If your batterer was not served his copy of the order yet, the judge will postpone this hearing for another 10 or so days, extending the order you have now and requiring you to come back then.

28. What happens at the return (10 day) hearing if my batterer does not show up?

The hearing will go forward as long as he got "notice" of the hearing (got served with the papers). If he does not appear, the judge can go ahead and issue the order as requested. The judge may ask you a few questions about what happened and why you need the order, or what you would like on your 209A protective order. Be prepared to explain what happened again, just in case.

29. What happens at the return (“10 day”) hearing if my batterer does come to court?

You should know that he will be in the courtroom with you during this hearing, and that he will have had an opportunity to read your statement. This can be very scary. Maybe you have not seen him since the last time he abused you, and you are afraid of seeing him. If you can, bring someone with you for support: a friend; a family member; an advocate.

If he threatens you while you are there, you can tell the clerk or the "bailiff" right away (the bailiff is the man or woman in uniform in the courtroom, also called the court officer).

If your batterer does appear at the hearing, the judge will allow both you and the abuser to testify as to why the 209A protective order should be extended. The judge will usually have you both stand up close to her bench. If your abuser tries to stand next to you, you can ask the bailiff or your advocate to stand between you.

If you have medical records, police reports, photos, objects or clothing that your batterer broke or tore, witnesses, or any other documents you think would help the judge in making a decision, be sure to bring them with you that day.

30. What if my abuser says untrue things about me or about what happened?

This might happen. Before the hearing, you should try to think of all the things (including untrue things) he might say about you so that you know what to expect. Whatever you do, keep your cool. Never talk directly to your abuser while you are in front of the judge. Speak to the judge. If your abuser testifies untruthfully, tell the judge that he is not telling the truth. Most of the time, you should try not to interrupt your abuser while he is talking to the judge. But, if he is saying really outrageous things, you may need to say, "Objection, your honor. May I interrupt for a minute?" or, "May I be allowed to respond when he is finished?" If your request is granted, do not stoop to your abuser's level. Instead, explain why you object to what he said, and tell the judge what really happened.

31. What will the judge do after she has heard from us?

In some cases, a judge may decide not to grant someone a 209A protective order. If this happens to you, and you still feel that you should have a 209A protective order, you should talk to an advocate about what you can do to appeal the judge's decision.

In most cases of abuse, the judge will grant the order. You can tell the judge how long you would like the order to stay in effect. The judge will usually grant the order for a set period of time up to a year.

32. What happens when the order expires?

You will see on your order that the next court date and time have automatically been set for the day your order expires. You can go back to court on the date and time indicated, and ask that it be extended for another year. The order can be extended without a new incident of abuse if you are still afraid he will harm you or your children.  If you do not go back to court, your order will automatically expire on that date.

Remember, any orders for custody, child support or visitation that you had on the 209A protective order will also expire with the protective order. If you still want any of these orders to remain in effect but you do not want your 209A order to be extended, you will need to file an appropriate case in the Probate & Family Court and obtain a temporary order for custody, support, or visitation before the 209A orders expire.  To obtain a temporary order, you must file a Motion for Temporary Orders.  These motions request the judge to make an order to go into effect before a final decision on the case.  Motions can be filed with underlying complaint or afterwards.    Motions cannot be filed before a complaint has been filed. 

See Chapter 8, Chapter 9 and Chapter 12 for information about how to do Motions for Temporary Orders as part of a Paternity Action, Separate Support, or Divorce.

33. Can I get a permanent protective order, and if so, when?

Yes. The law allows a judge to issue a Permanent Restraining or Protective Order on the expiration of an initial Protective Order, or at any renewal hearing. Whether the expiration is three months, six months or one year, you can request that the court extend the order permanently at this hearing. Even if a judge believes that a protective order can be made permanent, judges do not in most cases make them permanent. In a really extreme case the judge may be more willing to issue a permanent order. If you feel you need a permanent order, you should request it and tell the judge why you feel you need this type of protection.

It is a good idea to talk to a Victim Advocate or an attorney for more information on this procedure.

34. What is a Domestic Relations Protection Order?

As part of some cases that are filed in the Probate and Family Court (for example divorce, paternity and separate support), you can get a Domestic Relations Protective Order. Domestic Relations Protective Orders can grant you the same protections as the 209A protective orders we have been talking about throughout this chapter. You should consult an attorney if you plan to seek a Domestic Relations Protective Order under one of these cases.

35. What happens if the batterer violates the 209A protective order?

Violation of a 209A protective order is a criminal offense.

You should know that the part of the 209A protective order stating “no contact” means your batterer is not allowed to communicate with you through other people, letters or mail, phone calls, gifts or in any other way...No contact means No contact ! If he tries to contact you in any of these ways, he is violating the order. Only your abuser can violate the Order that is against him by attempting to contact you. If you need to talk to him about the kids, you are not violating the Order.

If he does violate the order, you will need to report it to the police. The police can arrest him. If they witnessed the violation or have probable cause to believe the violation occurred, they must arrest him. If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to go to the District Court and take out a criminal complaint against him. (See Chapter 4 for information on the criminal process.)

36. Will I have to go to court if I report the violation?

Yes, if he is charged with a criminal offense, you will. (See Chapter 4 of this manual to see what could happen in the criminal system.)

37. If I let him back in the house, or go to see him, or get back together with him, will I be violating the 209A protective order?

One thing to keep in mind is that it is legally impossible for you to violate your own 209A protective order. Only your abuser, the defendant, can violate the order. Even if you call him up and invite him over, if he is ordered to stay away from you or your house and accepts your invitation, he is in violation, not you.

However, you should be aware that the police and the court may express concerns over your actions if you do something like this. Even though you cannot violate your own order, the court and the police may be less than sympathetic to you next time you need assistance, or if you complain in the future about a violation.

38. What should I do if we are going to get back together?

If you do intend to reconcile or get back together, you should dismiss the 209A order or consider changing it to a no abuse order before you get back together.

39. How do I dismiss the order?

You can have your 209A protective order dismissed (or “vacated”) at any time, during regular business hours at the court. Go to the court that issued the order and make a motion asking that the order be dismissed. You might want to do this in cases where you have reconciled with the person you took the order out against. Or, in certain circumstances, you may feel you are at greater risk if you keep the order in effect, perhaps because your batterer has threatened to harm you even more if you do not drop the order.

One thing to keep in mind is that you can always ask that the stay away and no contact portions be dropped, but still keep the portion of the order that says "refrain from abuse" in effect. You may want to do this for many reasons, such as you want to reconcile or you want to be able to see and speak to each other about the children, but you still want your batterer to know that if he abuses you, he will be violating the court order.

40. What do I do if my batterer tries to take out a 209A protective order against me?

Many times batterers try to, and sometimes succeed, in taking out 209A protective orders against their victims. If you are seeking a protective order and your abuser seeks a protective order against you, and the court issues protective orders for both of you, the orders are called “mutual restraining orders.”   They are "mutual" because each of you has a protective order against the other.  The law requires that when a judge issues mutual orders, he or she must also make specific written findings of abuse and the order must be detailed enough to be enforceable .  When a person who has a restraining order out on him seeks one against the victim, courts have a responsibility to decide who the “primary aggressor” is.   Judges know that when a person under a restraining order seeks one for himself, that the motive may be retaliatory.  When an abuser seeks or obtains a mutual restraining order, you may be at additional risk of further harm, and you should seek assistance from an advocate or an attorney. When your abuser tries to take out a restraining order against you, it is important for the judge to know how your safety may be placed at risk and who the true abuser is.

If you get served with a 209A protective order, you should take it very seriously. You should go to the hearing, no matter what anyone tells you. If you fail to go to the hearing, the order may issue in your absence. You do not want that to happen, for many reasons.

• Your batterer may lie about or make up violations in order to draw you into the criminal justice system as a defendant.
• If your batterer gets an order against you, it allows him to divert attention away from his own abusive behavior. This makes it seem that the domestic violence was mutual, that he was justified in his actions against you, and blames you for things that were not your fault.
• If mutual 209A protective orders are issued, it is dangerous. It can cause confusion in the enforcement of your order, leading to tragic results if he violates your order. By protecting the "true abuser" (him) in the relationship, it ends up putting the "true victim" (you) in a potentially more dangerous situation than before.
• It allows your abuser to use the very system that was developed to assist you to further victimize you.

41. What can I do to try to prevent the order from issuing against me?

As mentioned above, you should try to get an advocate or an attorney to assist you in this hearing, but that might not always be possible. If you have to defend yourself against the issuing of an the order without an advocate or attorney, there are a number of things you should make sure you tell the judge. Below are some examples of things which might apply in your case. If any of them apply or if other important things apply, you should remember to mention them to the judge.

• You are the victim of domestic violence. When possible, support this claim by telling about the prior history of abuse, past injuries, medical records, police interventions, witnesses, etc.
• You think the batterer is only taking this order out against you because you left him, you have an order out against him, he is trying to get custody, you have a new boyfriend, his buddies told him to, etc.
• You never (a) physically hurt or threatened to physically hurt your batterer; (b) your batterer was never placed in fear of imminent serious physical harm by you; and (c) you never made your batterer involuntarily have sex with you.

Before you go into the courtroom, you should read the “affidavit" that your batterer filled out when he got his "ex parte order." You can get this from the file in the clerk's office. If there are statements that are untrue, be sure to tell the judge.

Keep in mind that the judge should only issue a mutual 209A protective order where she believes that "each party is genuinely in danger from the other" and then, if the judge does issue the order, she must make specific written findings of fact. If he gets a protective order against you, you should ask for a written copy of the findings.

42. What do I do if my batterer tries to take out a criminal complaint against me?

Sometimes, batterers try to "get revenge" by filing criminal charges against their victims. You should take this very seriously. If you find you are a defendant in a criminal action, you should have an attorney to represent you. If you cannot afford one, the court should appoint one for you if any jail time is possible.

Make sure you tell your lawyer the history of domestic violence and that you are the true victim here. Each DA's office has different ways of dealing with these "retaliatory" cases. In some cases, the Assistant DA may know the history of your case and may be skeptical of the claims your batterer has brought against you. The best thing you would like to see happen is that the Assistant DA would drop the charges and not go forward, but you should not assume that will happen. (See Chapter 4)

43. What is a certified batterer intervention program?

These are programs designed to work specifically with batterers, challenging them to take full responsibility for their abusive behaviors. These programs used to be called "batterer treatment programs." The goal is more than just "treatment," so the name has been changed to "batterer intervention programs." In many cases, attendance at a program is required by the court. The court can only order attendance to a program that has been certified by the state. This certification process means the program follows the state mandated standards, practices, and goals for these types of programs. A person does not have to wait for a court to order attendance in a program. Batterers can also attend these programs voluntarily.

These certified programs usually use group sessions whose purpose is to educate the batterer. The programs usually have two goals of equal importance:

• Stopping coercive, dominating, and violent behavior.
• The safety of the victim and the children.

For more information:

• see the Massachusetts Department of Public Health Batterer Intervention Program services, or
• find a certified batterer intervention program in your area.

  44. What do they do at these programs?

  Below are some key points about most certified batterer intervention programs.

  • There is a thorough intake process for the batterer which usually takes a number of sessions. The program will put together a history and profile of the batterer's violent behavior.
  • A batterer may not "pass" the intake, or may "flunk" the program and be asked to leave the program before completing all required sessions. Not all batterers are suitable to intervention services.
  • If a batterer is accepted into the program, he must sign an agreement, for example, agreeing to the duration and cost of the program, to stop all forms of violence, to refrain from drug and alcohol use while in the program, and to waive confidentiality.
  • Batterers are expected to pay the full cost of attending the programs. Costs vary from program to program. There may be some sliding fee scales for certain programs, and low-income people may be entitled to some assistance.
  • To complete the program, the batterer must usually attend 80 hours. The sessions usually run 2 hours long for 40 weeks. While usually done in group settings, there may also be individual sessions.
  • This is not like a private counseling session; information exchanged in these sessions is usually not confidential.
  • The program will notify the court of the batterer's attendance and history of abuse while in the program.
  • If the victim would like, the program will notify the victim when the batterer has completed the program. In some cases, the program also notifies/warns the victim of specific things the batterer says, such as threats and violent statements he says about the victim.
  • The program will determine if there are other issues that the batterer should work on in addition to the batterer intervention, and make the appropriate referrals, such as drug/alcohol problems, employment training, parenting skills, etc.