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The
Fatherhood

Coalition

An Act Relative To Abuse Prevention

Comprehensive (long) 209A Reform Bill 

House: #833, via Rep. Marie St. Fleur
Senate: #965, via Sen. Jack Hart


H2021  AN ACT RELATIVE TO ABUSE PREVENTION

SECTION 1.   Section 6B of chapter 208 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "any", in line 10, the following:

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 2    Section 46 of said chapter 208, as so appearing, is hereby amended by inserting after the word "granted", in line 4, the following:

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 3.   Section 1 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out paragraph (b), in line 6, in the definition of "abuse" and inserting in place thereof the following paragraph:

(b) threatening another with imminent serious physical harm. 

SECTION 4.   Section 3 of said chapter 209A, as so appearing, is hereby amended by striking paragraph (h), beginning in line 88, and inserting in place thereof the following paragraph:

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

SECTION 5.   Said section 3 of said chapter 209A, as so appearing, is hereby further amended by striking out the words "or to enter a permanent order", in line 105.  

SECTION 6.   Said section 3 of said chapter 209A, as so appearing, is hereby further amended by striking out the words "The fact that abuse has not occurred during the pendency of an order shall not, in itself, constitute sufficient ground for denying or failing to extend the order, of allowing an order to expire or be vacated, or for refusing to issue a new order", in lines 113 to 116, inclusive. 

SECTION 7. Section 4 of said chapter 209A, as so appearing, is hereby amended by adding at the end the following two paragraphs:

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.

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 8.   Section 6 of said chapter 209A, as so appearing, 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", in lines 71 and 72, and inserting in place thereof the following:

an officer may arrest any person that they witness or have probable cause to believe

SECTION 9.   Section 7 of said chapter 209A, as so appearing, is hereby amended by striking out the words "or the plaintiff's minor child", in line 23.

SECTION 10. Said section 7 of said chapter 209A, as so appearing, is hereby further amended by striking out the words "Any violation", in line 42, and inserting in place thereof the following:

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

SECTION 11. The fifth paragraph of said section 7 of said chapter 209A, as so appearing, is hereby amended by striking out the last sentence, beginning in line 56 and ending in line 65.

SECTION 12. Said section 7 of said chapter 209A, as so appearing, is hereby further amended by striking out the words "a violation", in line 83, and inserting in place thereof the following:

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

SECTION 13. Section 9 of said chapter 209A, as so appearing, is hereby amended by adding the following sentence:

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


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