Bill Text: MA H3776 | 2009-2010 | 186th General Court | Introduced
Bill Title: To emergency abuse protective orders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/14 at 12:00 PM in Gardner Auditorium [H3776 Detail]
Download: Massachusetts-2009-H3776-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Robert L. Rice, Jr.
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relating to emergency protective orders.
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PETITION OF:
|
Name: |
District/Address: |
|
Robert L. Rice, Jr. |
2nd Worcester |
|
Gale D. Candaras |
First Hampden and Hampshire |
|
Anne M. Gobi |
5th Worcester |
|
Allen J. McCarthy |
7th Plymouth |
|
Katherine Clark |
32nd Middlesex |
The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act
relating to emergency protective orders.
Be it
enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same, as follows:
SECTION 1. Chapter 209A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. (a) Proceedings under this chapter shall be filed, heard and determined in the superior court department or the Boston municipal court department or respective divisions of the probate and family or district court departments having venue over the plaintiff’s residence. If the plaintiff has left a residence or household to avoid abuse, such plaintiff shall have the option of commencing an action in the court having venue over such prior residence or household, or in the court having venue over the present residence or household.
(b) If a plaintiff demonstrates a substantial likelihood of immediate danger of abuse, a plaintiff who requests a temporary order of any justice of the superior, probate and family, district, or Boston municipal court departments pursuant to this chapter shall not be denied relief because of improper venue. Thereafter, if relief was granted without the filing of a complaint pursuant to this chapter, the plaintiff shall appear in the court having venue over the plaintiff’s residence or over a prior residence or household as provided in paragraph (a). Any hearings held on the continuance of such temporary order or on granting other relief as requested by the plaintiff shall be heard in the court having venue over the plaintiff’s residence or over a prior residence or household as provided in paragraph (a).
