The
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S953 - RELATIVE TO REFORM OF ABUSE PREVENTION LAW

[209a Reform Bill - Long 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", in line 42 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 cost 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 four of two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by inserting at the end the following paragraph:-

Upon timely written request of the court by the plaintiff or defendant, at hearing within ten court business days, or at any hearing to extend a restraining order issued under this chapter or Chapter two hundred and eight, such hearing shall be evidentiary and conducted in comportment with the Civil Rules of Evidence.

SECTION 5.

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

(b) threatening another with imminent serious physical harm

SECTION 6.

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

The complaint shall be signed by the plaintiff under the pains and penalties of perjury.

SECTION 7.

Section six-B of chapter two hundred eight, as appearing in the 1998 Official Edition, is amended by inserting after the words "if any", in line 9, the following words:-

"a listing of any abuse protection orders issued on either party, including date, court of jurisdiction, nature of abuse claimed, and relief granted by the court for the plaintiff,"

SECTION 8.

Section forty-six of chapter two hundred eight, as appearing in the 1998 Official Edition, is hereby amended by inserting in the first sentence after the word "granted", in line 4, the following words:-

"a listing of any abuse protection orders issued on either party, including date, court of jurisdiction, nature of abuse claimed, and relief granted by the court for the plaintiff, an accounting of any attorneys fees awarded,"

SECTION 9.

Section three of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking subsection (h), and inserting in place thereof the following subsection:-

(h) ordering the defendant to refrain from abusing the plaintiff’s child, or child in plaintiff’s care or custody;

SECTION 10.

The second paragraph of section seven of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 23 the word, "or the plaintiff’s minor child."

SECTION 11.

The fifth paragraph of section seven of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking out the last sentence that begins with the words "If the court determines".

SECTION 12.

The twenty-fifth paragraph of section three of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking out in line 104, the words, "or to enter a permanent order."

SECTION 13.

The twenty-fifth paragraph of section three of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking out the last sentence on line 112 that begins with "The fact that abuse".

SECTION 14.

Subsection seven of section seven of chapter two hundred nine-A, as appearing in the 1998 Official Edition, is hereby amended by striking out the words, "arrest shall be the preferred response whenever an officer witnesses or has probable cause to believe that a person:" and inserting in place thereof the following words:-

An officer may arrest any person that they witness or have probable cause to believe:.


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