Know Your Rights & Get Protected
October is Domestic Violence Awareness Month, an opportunity to recognize survivors, raise awareness about the realities of domestic violence, and help individuals understand the resources and legal protections available to them in Massachusetts.
Domestic violence affects people of every background, age, and socioeconomic status. It does not always involve physical violence, and it is not always easy to recognize from the outside. Abuse can take many forms, including emotional manipulation, intimidation, financial control, threats, stalking, and coercive behavior designed to undermine another person’s independence and sense of safety.
At Hera Law Group, we understand that navigating a relationship involving abuse can be overwhelming, particularly when children, housing, finances, or divorce are involved. Understanding your rights and available options is an important first step toward protecting yourself and your family.
What Is Domestic Violence?
Domestic violence is often associated with physical assault, but abusive behavior can extend far beyond physical harm.
In Massachusetts, abuse may include:
- Physical abuse:Â Hitting, pushing, restraining, choking, or other acts that cause or threaten physical harm.
- Threats and intimidation:Â Threatening violence, damaging property, or creating an environment in which a partner fears for their safety.
- Emotional and psychological abuse:Â Repeated humiliation, manipulation, isolation, or controlling behavior intended to undermine a person’s autonomy.
- Financial abuse:Â Restricting access to money, interfering with employment, hiding assets, or using financial dependence to maintain control.
- Stalking and harassment:Â Repeated unwanted contact, monitoring, following, or other conduct that causes fear or distress.
Not every harmful or controlling behavior independently meets the legal definition of abuse under Massachusetts law. However, a pattern of coercive or intimidating conduct may be important when assessing safety concerns and determining what legal options may be available.
It is also important to recognize that abuse does not necessarily end when a relationship ends. For some survivors, separation or divorce can be a particularly dangerous period, and continued harassment, threats, or controlling behavior may require additional safety planning and legal intervention.
What Legal Protections Are Available for Domestic Violence in Massachusetts?
Massachusetts law provides several avenues for individuals experiencing domestic violence to seek protection. The appropriate options depend on the circumstances, the relationship between the parties, and whether children are involved.
1. Abuse Prevention Orders Under Chapter 209A
Under Massachusetts General Laws Chapter 209A, an individual who meets the statutory eligibility requirements may seek an abuse prevention order, commonly called a restraining order.
A 209A order may be available when a qualifying family or household member, current or former intimate partner, or other person covered by the statute has caused or attempted to cause physical harm, placed the applicant in fear of imminent serious physical harm, or engaged in certain forms of sexual abuse.
Depending on the circumstances, an order may include provisions requiring the abusive party to:
- Refrain from abusing or contacting the protected person.
- Stay away from the protected person’s home or workplace.
- Leave a shared residence.
- Surrender firearms and firearm licenses as required by law.
- Comply with additional protections ordered by the court.
Courts may also issue temporary orders in appropriate circumstances, including without prior notice to the other party when the legal requirements are met. A subsequent hearing generally provides an opportunity for both parties to be heard.
Requests for 209A orders are commonly handled by the Massachusetts Probate and Family Court and District Court.
An abuse prevention order can be an important safety tool, but it is not a substitute for an individualized safety plan. Anyone facing immediate danger should contact 911.
2. Harassment Prevention Orders Under Chapter 258E
Some individuals experiencing threatening or harassing behavior may not qualify for a 209A order because they do not have the required relationship with the other person or because the conduct does not meet the applicable 209A standard.
Massachusetts General Laws Chapter 258E provides a separate avenue for seeking a harassment prevention order when the statutory requirements are satisfied. These orders may be available in circumstances involving qualifying harassment, including certain conduct involving repeated acts or threats.
The legal requirements for a 258E order differ from those for a 209A order. Understanding which law applies to a particular situation can help individuals determine what protections may be available.
3. Domestic Violence and Divorce
When domestic violence occurs within a marriage, it can affect several aspects of a divorce proceeding.
Massachusetts courts consider a range of statutory factors when making decisions about property division and other financial matters. Under Massachusetts General Laws Chapter 208, Section 34, the court considers factors that include the conduct of the parties during the marriage, among other financial and personal circumstances. The relevance of abusive conduct depends on the facts and the issue before the court.
Domestic violence may also be relevant to requests for temporary orders, exclusive use and occupancy of a marital home, and other appropriate relief.
For survivors who are financially dependent on an abusive spouse, planning for separation may require careful consideration of access to funds, housing, health insurance, legal fees, and financial records.
A person should not assume that leaving the marital home means losing their rights to the property or that they must remain in an unsafe situation to protect their financial interests. These issues are fact-specific, and legal advice can help clarify the available options.
4. Domestic Violence and Child Custody
When parents separate, concerns about domestic violence can become particularly complicated if children are involved.
Under Massachusetts General Laws Chapter 208, Section 31A, when a court finds that a pattern or serious incident of abuse has occurred, the law establishes a rebuttable presumption that awarding sole or shared legal or physical custody to the abusive parent is not in the child’s best interests. The court must consider the statutory requirements and relevant evidence when making custody determinations.
Domestic violence can affect children even when they are not the direct targets of physical abuse. Children may witness incidents, hear threats, experience the consequences of coercive control, or live in an environment characterized by fear and instability.
At the same time, custody decisions are highly fact-specific. Allegations, evidence, safety concerns, and the children’s individual circumstances must be evaluated within the applicable legal framework.
Parents who are concerned about their children’s safety should speak with an attorney about appropriate legal protections and ways to document relevant incidents. They should also seek immediate assistance if a child is in imminent danger.
Why Documentation Can Matter
For individuals considering legal action, documenting incidents may be helpful when it is safe to do so.
Depending on the circumstances, useful records may include:
- Dates and descriptions of incidents.
- Threatening text messages, emails, or voicemails.
- Photographs of injuries or property damage.
- Medical records or police reports.
- Records of stalking, unwanted contact, or violations of court orders.
- Financial records relevant to economic control or a pending divorce.
Documentation should be preserved in a way that does not increase risk. If an abusive partner monitors a phone, computer, email account, or online storage, saving information on a shared device may create additional danger. A trusted advocate can help develop a safer approach.
You do not need to have a complete file of evidence before seeking help. An attorney or domestic violence advocate can help you understand what information may be relevant and what steps may be appropriate for your situation.
You Do Not Have to Navigate This Alone
One of the most difficult aspects of domestic violence is that it can make individuals feel isolated, powerless, or uncertain about their options. Survivors may worry about their children, their finances, their housing, or whether anyone will believe them.
There is no single path that is right for every person experiencing abuse. Some individuals need immediate court intervention. Others need help planning a safe separation, addressing custody concerns, or understanding their financial rights before making decisions about divorce.
Seeking information does not require you to make an immediate decision about your relationship. You can begin by learning about your options, speaking confidentially with a qualified advocate, and considering what steps may be safest for you and your family.
Massachusetts Domestic Violence Resources
If you or someone you know is experiencing domestic violence, the following resources may help:
- SafeLink Massachusetts: A statewide, multilingual domestic violence hotline. Call 877-785-2020 for support, safety planning, and referrals.
- National Domestic Violence Hotline: Call 800-799-7233, text START to 88788, or visit thehotline.org for support and resources.
- Massachusetts Trial Court: Visit Mass.gov for information about abuse prevention orders, court locations, and court forms.
- Immediate danger: Call 911.
- Jane Doe:Â https://www.janedoe.org/
If you are concerned that someone is monitoring your communications, consider using a safer device when seeking assistance.
How Hera Law Group Can Help
At Hera Law Group, we recognize that family law matters involving domestic violence require thoughtful, individualized attention. Legal issues can be especially challenging when safety concerns intersect with divorce, custody, financial dependence, or the need to establish a new and stable household.
Our family law practice helps clients understand their legal options and navigate the complexities of family law proceedings. Depending on the circumstances, that may include advising on divorce, custody, financial issues, and available court protections.
You deserve to have your concerns taken seriously and to understand the legal options available to you. You do not have to have every answer before taking the first step.
If you have questions about how domestic violence may affect your family law matter, contact Hera Law Group to discuss your situation and learn about your options. 978-637-2048 or office@heralawgroup.comÂ
This article is provided for general informational purposes and is not legal advice. Every situation is different, and the availability of legal protections depends on the specific facts and applicable law. Reading this article or contacting the firm does not establish an attorney-client relationship.
