Domestic abuse has been a topic amongst my family law clients long before Ray Rice renewed it as a nationals conversation. I often have consultations with potential clients who come to me for a “simple” divorce and proceed to tell me horrific stories of abuse. For some clients, it’s physical abuse, but for others, it is emotional, verbal, or financial abuse. The individuals are from all races, religions, social economic status, and genders.
My first inquiry in these situations is always related to imminent fear of bodily injury. If such afar exists, a Restraining Order (“209a”) may be appropriate. A 209a is a Court Order that states what parties may or may not do. Typical terms include, but are not limited to, an abuser not contacting a victim, or the friends and family of the victim, by phone, in person, by email, or text; abuser must remain a specific distance from the home and workplace of the victim, and the abuser may not possess any weapons.
Laws regarding 209a vary from state to state. In Massachusetts, the District and Probate & Family Courts allow for walk in requests and have jurisdiction to order a 209a where appropriate. Temporary Orders are usually given for a short period, often ten (10) days, but all Orders have the potential to be extended or made permanent.
What happens to my potential clients? Some never call again and I always hope that they have retained alternative counsel, not become a statistic. Some return months or years later, saying, “I can’t be a victim anymore” or “I have to do this for my child.” It takes courage to leave, because the scariest time for a victim is often the six (6) months following. They are often still terrified of their abusers. They are often isolated and broke. They often have a long history of police visits to their home. They are almost always afraid of what will happen next.
If you or someone that you know is in abusive relationship, please encourage them to seek legal assistance or to call RESPOND @ 617 623-5900 or click here