The
Fatherhood

Coalition

 

S952 - RELATIVE TO ABUSE PREVENTION

[209a Reform Bill - Short version; Senate]


SECTION 1.

The fifth paragraph of section seven of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking the words "Any violation", and inserting in place thereof the following words:-

"Any intentional violation of the no-contact provisions or any violation of any other provision".

SECTION 2.

The eighth paragraph of section seven of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking out in the first sentence, in line 80, the words "a violation", and inserting in place thereof the following words:-

"an intentional violation of the no-contact provisions or any violation of any other provision".

SECTION 3.

Section four of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by inserting at the end the following paragraph:-

If, at the ten-day hearing after the issuance of a temporary order, the defendant demonstrates by sufficient facts to the court that the plaintiff made misrepresentations about material facts either at the hearing or in the affidavit supporting the complaint in order to obtain the emergency order, the court shall vacate the temporary order, shall make a finding of fraud upon the court, shall sanction the plaintiff an amount deemed just and fair by the court and the statutory costs of this action, and within ten days of the court so finding, shall hold a hearing on the damages, if any, caused to the defendant. Under this section, the defendant may be awarded actual and punitive damages, reasonable attorney’s fees, and costs, including the costs of licensed private investigators.

SECTION 4.

Section one of two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking subsection (b) under the "Abuse" definition and inserting in place thereof the following subsection:-

(b) threatening another with imminent serious physical harm


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