Family Violence
Lieutenant Richard Wall (781) 440-5173
email rwall@ci.norwood.ma.us
Definitions F. A. Q. Safety Planning Victim's Rights Resources
What is the legal definition of abuse?
Chapter 209A, the Massachusetts Abuse Prevention Act, defines abuse as the occurrence of one or more of the following between family or household members:
a) attempting to cause or causing physical harm;
b) placing another in fear of of imminent serious physical harm;
c) causing another to engage in sexual relations be force, threat or duress.
What is an Abuse Prevention Order?
An Abuse Prevention Order, called a "209A Order," or a "protective order," or a "restraining order," is a civil court order intended to provide protection from physical or sexual harm caused by force, or threat of harm from a family or household member.
Who is a Family or Household Member?
Chapter 209A, the Massachusetts Abuse Prevention Act, defines family or household members as persons who:
a) are or were married to one another;
b) are or were residing in the same household;
c) are or were related by blood or marriage;
d) having a child in common regardless of whether they have ever married or lived together; or
e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate and family or Boston Municipal Courts, by considering the following factors:
1) the length of time of the relationship;
2) the type of relationship;
3) the frequency of interaction between the parties; and
4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.
How do I obtain a 209A order?
A 209A Order can be obtained in any District Court, Superior Court, or Probate and Family Court in Massachusetts. Should you decide to go to the district or superior court to obtain a 209A Order you may go to the respective court in the area where you live, or if you have fled to another area to avoid abuse, you may go to the respective court in the area where you have taken up residence.
Go to the Clerk's Office in the court and ask for a "protective order", "209A Order," or "restraining order." You will receive a packet of forms to complete, which is your application for a protective order.
I Live in Norwood, which court can I go to?
Dedham District Court, 631 High Street, Dedham
Norfolk Probate Court, 649 High Street, Dedham
Norfolk Superior Court,
The Court is closed, how do I get a 209A Order?
An emergency 209A order can be obtained through any police department after court hours, on weekends, and holidays. You do not need a lawyer to make an application for a 209A order and there is no charge for filing. Be sure to call the police department which has jurisdiction over the area where you reside.
Will a restraining order send my abuser to jail?
When the court issues a 209A restraining order it is a civil action. It is intended to protect you from future abuse. It is not a criminal action and will not punish someone for what they may have already done to you. By itself, a 209A order will not cause anyone to go to jail.
What happens if my abuser violates the 209A Order?
Once a 209A Order is issued, violation of any terms of the order is a criminal offense. The police must arrest the abuser if they believe or can see that the terms of the order were violated. It is recommended that if your abuser violates any part of the order, notify the police immediately.
How will my abuser find out about the restraining order?
The police department will be given a copy of the restraining order which they will give to your abuser. This is called "service."
How much does a restraining order cost?
There is no fee for obtaining a restraining order.
Do I need a lawyer?
No. You do not need a lawyer to file for a restraining order, but an attorney may represent you if you choose.
How can I protect myself?
If needed, Dial "9-1-1" when there is an emergency. Norwood has Enhanced 911 and your address will automatically appear on the police dispatch screen.
Develop a safety plan that includes an escape plan for you and your children should a violent incident occur. During an incident, try to move away from an area or room where access to weapons might increase your risk, such as the kitchen, or where you can be trapped or easily injured.
Call the police or leave the house as soon as possible after an abusive incident. The police will respond and stay with you until you are safe or in a safe place. The police will also help you seek medical treatment.
Inform the police of any guns or other weapons the abuser may keep in the house. Guns or weapons will be ordered turned to the police by the judge, along with any License to Carry Firearms or Firearms Identification Card.
Consider changing the locks in your home. The judge can order the abuser to turn over any and all keys to your home and/or car. Keep an extra set of keys in a safe place.
Inform your neighbors if a 209A Order is in effect. Encourage them to call the police if they see or suspect that something is wrong.
Make copies of important papers and keep them in a safe place. Make a list of things you need to take with you, i.e., birth/medical records, marriage license, check/bank books, credit cards, medications.
Keep emergency money and extra clothing for yourself and your children in a safe place or with someone you trust. Include a few toys and favorite things for the children.
Keep the victim's services agency number handy for emergency shelter and support groups. You do not have to leave an abuser or have a 209A in effect to attend support groups or use other services. Information and support in making decisions is important.
Get medical attention as you may be more seriously injured than you realize. Go to a hospital emergency room or your private doctor as soon as possible for treatment. Ask for a copy of the treatment record.
Have pictures taken of your injuries and bruises, at the hospital, police department, shelter, or district attorney's office.
Be alert when leaving the courthouse. If you have reason to believe that your abuser may be waiting for you, please ask someone in the district attorney's office, court advocate, court officer, or police officer to help get you to your car safely.
ABUSED PERSON'S NOTICE OF RIGHTS
You have the right to appear at the Superior, Probate and Family, District or Boston Municipal Court, if you reside within the appropriate jurisdiction, and file a complaint requesting any of the following applicable orders.
a) an order restraining your attacker from abusing you;
b) an order directing your attacker to leave your household, building or workplace;
c) an order directing your attacker not to contact you or a child in your custody;
d) an order awarding you custody of a minor child;
e) an order directing your attacker to pay support for you or any minor child in your custody, if the attacker has a legal obligation to pay support; and
f) an order directing your attacker to pay you for losses suffered as a result of abuse, including medical and moving expenses, loss of earnings or support, cost of restoring your utilities and replacing locks, reasonable attorney fees and other out-of-pocket losses for injuries and property damage sustained;
g) that your current or new address be kept confidential from the abuser for your safety.
For an emergency on weekends, holidays, or week nights the police will refer you to a justice of the Superior, Probate and Family, District , or Boston Municipal Court departments.
You have the right to go to the appropriate District or Boston Municipal Court and seek a criminal complaint for threats, assault and battery,assault with a deadly weapon, assault with intent to kill or other related offenses.
If you are in need of medical treatment you have the right to request that an officer present drive you to the nearest hospital or otherwise assist you in obtaining medical treatment.
If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you or your children can leave or until your safety is otherwise ensured. You may also request that the officer assist you in locating and taking you to a safe place, including, but not limited to, a designated meeting place for a shelter or a family member's or friend's residence, or a similar place of safety.
Norwood Police Department
137 Nahatan Street Norwood, MA 02062
Domestic Violence Coordinator: Lieutenant Richard Wall
Phone: 9-1-1 for emergencies
(781) 762-6888 or (781) 762-1212 or (781) 440-5174
Courts:
Dedham District Court 631 High Street Dedham, MA 02026 (781) 329-4777
Norfolk Probate Court 649 High Street Dedham, MA 02026 (781) 326-7200
Norfolk Superior Court 650 High Street Dedham, MA 02026 (781) 326-1600
Victim Advocacy and Support in all three Courts is offered by the Norfolk County Victim Witness Assistance Program of the office of District Attorney William R. Keating, 45 Shawmut Road Canton, MA (781) 830-4800.
Shelters:
Dove, Inc.
Call (888)314-3683
or visit
Or
New Hope, Inc. 1-800-323-4673 Hotline
SAFELINK: Massachusetts Statewide
Domestic Violence Hotline 1-877-785-2020