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Like victims of other forms of criminal assault,
victims of domestic violence are urged to immediately contact Campus Police by calling
extension 800 or by activating a blue-light emergency phone. The department
is available to help 24 hours a day, seven days a week. You may call for assistance
any time of day or night.
If you are being hit, kicked, intimidated,
harrassed, threatened, and/or physically or emotionally abused in any way, help
is available.
Like victims of other forms of criminal assault,
victims of rape and sexual assault are urged to immediately contact the Department
of Campus Police.
Domestic violence or family violence is the abuse of
power or control. It is behavior used by one person to control another through force
or threats. A batterer makes a choice to strike, hit, kick, punch or threaten the
victim.
Domestic violence includes physical and sexual attacks
and threats. These violent acts are criminal and the batterer can be prosecuted for
committing them. The acts are a means of controlling the victims thoughts, feelings
and behavior. The violence does not lessen over time. The threats and/or beatings
generally happen more often with time, last longer and cause greater physical injuries.
Emotional abuse and insulting words are almost always
part of the abuse pattern, but are not considered criminal acts. The wounds from
these injuries, however, may be more difficult to heal.
There is Never an Excuse for Violence
Domestic violence is not caused by or provoked by the actions or inactions of the
victim. Domestic violence is not directly caused by alcohol or drug abuse, depression,
lack of money, lack of job, mental illness or abuse as a child. However, existing
problems often create additional stress in a relationship and may increase the
risk of violence. Many abusers blame the victim or other things for their violent
acts and do not take responsibility for the abusive behavior. There is never an
excuse for violence.
Chapter 209A, the Massachusetts Abuse Prevention
Act defines abuse as:
"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 awarding
you custody of a minor child; (d) an order directing your attacker to pay support
to you or any minor child in you custody, if the attacker has a legal obligation
of support; and (e) 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, costs for restoring utilities and replacing locks, reasonable attorney's
fees and other out of pocket losses for injuries and property damage sustained.
"For an emergency on weekends, holidays, or weeknights
the police will refer you to a justice of the superior, probate and family, 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.
"You have the right to go to the appropriate district
court or the Boston municipal court and seek a criminal complaint fro 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 and your children can leave or until your safety is
otherwise ensured. You may also request that the officer assist in locating and taking
you to a safe place, including but not limited to a designated meeting place fro
a shelter or family member's or friend's residence, or a similar place of safety.
"You may request a copy of the police
incident report at no cost from the police department."
An Abuse Prevention Order, called a "209A
Order," or a "protective order," or "restraining order," is
a civil order intended to provide protection from physical or sexual harm caused
by force or threat of harm from a family or household member. You can obtain an order
against:
A 209A Order can be obtained in any District
Court, Superior Court, or Probate and Family Court in Massachusetts. 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 file for a 209A Order and there is no charge
for filing.
You may ask the judge to order
You may also request the judge to order that
you receive support and temporary custody of your children, if the abuser September
29, 200707al costs incurred due to injuries caused by the abuser and related loss
of wages. You may ask that the abuser not contact you at work or at a relative's
home, and that your address be kept confidential from the abuser for your safety.
The judge may grant or deny the 209A Order
after speaking with you. If the judge grants the Order, you will receive a Temporary
Order for up to ten days. A court date will be scheduled within 10 court days for
you to return to court for a Permanent Order, which lasts for a year and can be renewed.
Keep your copy of the Order with you at all times. The judge will also order the
abuser to surrender all guns and gun permits he or she possesses.
The police will deliver (serve) a copy of the Order
to the abuser and will keep a copy on file at the police station. It is important
to provide the abuser's home, work or other likely addresses so that the police can
serve the Order as quickly as possible and provide the required notice of the next
Court date.
A violation of certain terms of a 209A Order (orders
to vacate the premises, refrain from abuse and have no contact with you) requires
that the police arrest your abuser.
A violation of a 209A Order, once the abuser
has notice of the Order, is a criminal offense.
If the abuser violates the order, call the
police immediately (on-campus emergencies contact Campus Police at extension 800)
. Show the Order to the police and explain how it was violated (a punch, slap, threat;
entering your house or apartment or refusing to vacate; or, any contact with you
at home or your workplace, either in person, by telephone or mail). The police must
arrest the abuser if they believe or can see that the terms of the Order were violated.
If you do not call the police, you may be able to file an application for a criminal
complaint on your own at the Clerk's Office in the District Court. A Victim/Witness
Advocate can assist you with that process.
If you put yourself in contact with the
abuser, he/she is vulnerable to arrest. Therefore, if you want any terms of the order
to no longer apply, you should return to court and ask that the order be modified
or vacated.
If the abuser is arrested, seek assistance
from the Victim/Witness Advocate in the District Attorney's Office the next morning
after a nighttime arrest, or at any time during the day at the courthouse. A Victim/Witness
Advocate will explain what the charges mean and what will happen next. The Advocate
will also offer ongoing information, referral for services and case updates throughout
the time the case is in court.
In addition to the crime of violating a 209A
Order, an abuser can be charged with a number of other crimes committed at or near
the time of the violation, some of which may include:
Once a criminal complaint has been issued or
an arrest made, the abuser will be charged with the crime or crimes at the arraignment
proceeding in the District Court. A bail hearing will be held to determine whether
the defendant/abuser will be released or held in jail until trial. If the defendant/abuser
is released from custody, the court must make a reasonable effort to notify you of
the release, even if you are not present in court.
It is important to provide information to the
Assistant District Attorney before the arraignment and bail hearing regarding the
history of the abuse and a description of the most recent abuse, including any pictures
or hospital records of injuries. You should also mention the location of any guns
or other weapons that you believe the abuser has in his or her possession.
The ADA will bring this information to
the attention of the judge, along with your safety concerns and fears at this time.
The judge may also consider whether the defendant/abuser is dangerous and a threat
to you or the community. The information will help the judge decide if the defendant/abuser
is to be released, what the amount of bail and conditions of release will be.
Interviews will be held with you before the
trial, to gather information and evidence for prosecution. Every effort will be made
to consider your needs and safety in going forward with the case. The safety of your
children will also be a priority.
Prosecution may provide the means to gain
the batterer's intervention services for the defendant/abuser as part of a sentencing
recommendation. Very few batterer's seek or stay with these services on their own,
without court orders and probation supervision. An ADA will speak with you about
different sentences that can be imposed if the defendant/abuser is found guilty by
a judge or pleads guilty. The sentence asked for may include drug or alcohol counseling,
required attendance at a batterer's intervention program, supervised probation and/or
jail time.
Certified batterer's intervention programs
provide services in very strict group settings to try to help the batterer's learn
to accept responsibility for their violence, as well as understand and change their
controlling and abusive behavior
The groups are led by certified batterer's
intervention counselors trained in dealing with domestic violence offenders. The
programs work with the courts and victim services to help make sure that partners
of batterer's remain safe. The programs may involve weekly sessions of 1 to 2 hours
in length. The batterer must participate in the program for a minimum of 80 hours.
Group leaders feel your safety is a priority concern and will keep ongoing contact
with you.
There is no guarantees that the violence will
stop because the abuser attends a certified batterer's intervention program. Many
abusers drop out of programs or do not comply with the requirements, or only reduce
their abuse temporarily. If the judge requires attendance as part of a sentence,
dropping out may mean the defendant/abuser may have to serve jail time. The abuser
must want to change the abusive behavior and work hard at making those changes. Promises
to change, flowers and apologies are not enough. You deserve to be safe and free
from abuse.
Statistically, the most dangerous time for
a victim is when leaving the batterer. The abuser may feel he or she is losing control
and become dangerously angry. Take steps to protect yourself from abuse or punishment
from your abuser. Please trust your instincts. If you are afraid that something may
happen, take your feelings seriously and protect yourself. Your know your situation
better than anyone else.
Domestic violence doesn't stay home when its
victims go to work. It can follow them, resulting in violence in the workplace. Or
it can spill over into the workplace when a woman is harassed by threatening phone
calls, absent because of injuries or less productive from extreme stress. Domestic
violence in the workplace includes all types of behavior that affect a person's ability
to perform a job. With one out of every four American women reporting physical abuse
by an intimate partner at some point in their lives, it is a certainty that in any
mid-to-large sized company, domestic violence is affecting employees. |
