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Domestic Violence Definitions

According to Massachusetts law, domestic abuse is defined in Chapter 209a Section 1 as the following:

“Abuse” - The occurrence of one or more of the following acts between family or household members:

(a) Attempting to cause or causing physical harm;

(b) Placing another in fear of imminent serious physical harm;

(c) Causing another to engage involuntarily in sexual relations by force, threat or duress

 

“Family or Household Members” are defined as persons who:

(a) are or were married to one another;

(b) are or were residing together in the same household;

(c) are or were related by blood or marriage;

(d) having a child in common regardless of whether they have ever married or lived together; or

(e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors:

(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.

 

Restraing Orders:

Restraining Orders, (commonly known as "Abuse Prevention Orders", "Protective Orders", or "209a Orders") are issued by a judge and can only be vacated by a judge. They can be obtained in Massachusetts by the following methods:

A) By applying for an order at any court within the state. This includes Superior, Probate and Family, District or Boston Municipal Court.

B) Emergency Restraining Orders can be applied for with the assistance of a police officers in cases of emergency when the court is closed (nights, weekends, and holidays). This is done by contacting an on-call judge who decides whether to issue the order.

Sergeant Mark S. Moore
Chief of Police

Officer Frank J. Piscitelli, III
Webmaster/Website Creator & Designer

Millbury Police Department - 127 Elm St., Millbury MA, 01527

Business Line: 508-865-3521 Fax Line: 508-865-5164

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