Teen Dating, Violence and Restraining
Orders
Basic Information...
- What is a restraining order and
what does it do?
A restraining order, or abuse
prevention order is a court order requiring that your boy-friend or
girlfriend, past or present, stop
“abusing” you. The order may also state that your boyfriend or girlfriend
may not see or contact you.
- How does the law define "abuse"?
The law says you are “abused”
if your former or current boyfriend or girlfriend is:
• attempting to physically
hurt you
• physically hurting you
• placing you in fear of serious physical harm or
• causing you to engage involuntarily in sexual relations by force, threat
or duress.
- How do I know if I am eligible to
apply for a restraining order?
If you are considering seeking
a restraining order, you should know that the law covers you if you are or
have been in any of the following relationships:
• substantive dating, based on
how long you were involved (there is no minimum length of time) the type
of relationship; how often you saw each other; and if the relationship is
over , how long ago it ended
• living together in the same household
• engaged or married
• have a child together or
• related by blood or marriage.
The law applies to all dating
relationships — those between members of the opposite sex and those
between members of the same sex.
- What can a restraining order
include?
Under a restraining order, a
judge can impose any number of restrictions on the person who is hurting
you, including requiring the abuser to:
• stop abusing you
• not contact you, either directly or indirectly (for ex-ample,
through other people or through letters, e-mail or telephone calls)
• leave or move out of your home
• stay away from you at your home, work, school or any other place you may
be
• give you custody of your minor child
• stop abusing or contacting your child
• surrender any guns, gun permits or ammunition and
• collect his or her belongings from your home only in the presence of the
police
Every dating situation is
different. If you need something that does not appear on the standard
order, you can ask the judge to consider adding items so that the order
addresses your particular concerns.
- What happens if the abuser violates
the restraining order?
Violating a restraining order
is a crime and subjects the abuser to arrest and possible jail time. You
should report any and all violations to the police immediately. If, for
ex-ample, your order states that the abuser cannot contact you and he or
she calls you on the telephone or sends you a card, that violates the
order even if the call or card seems harmless.
Going to Court...
- Where do I go to obtain a
restraining order?
While you can apply for a
restraining order at your local district court, probate court, or superior
court, most people go to the district court in the town either where they
live or where they’ve fled for safety. If you need an order after the
courthouse is closed, you can apply for one by contacting your local
police station. If an order is granted, you must go to the courthouse to
extend it on the next day that court is
open.
- How do I apply for a restraining
order?
You do not need a lawyer to
apply for a restraining order and there is no cost for obtaining one. At
the courthouse, the clerk’s office will give you an application which you
must fill out. You will need to explain why you want a restraining order
and some of the history of abuse in your relationship.
Most courts in Massachusetts
have victim advocates who are experienced in answering questions about
restraining orders, the court system and service referrals. They can help
you throughout the restraining order process. You will have a hearing
before a judge. You may be able to approach the judge’s bench so that your
conversation with the judge is private. The judge will review your request
and decide whether you qualify for a temporary restraining order, which
can last up to ten days.
Interpreters will be made
available to you if you need one.
- How does the judge decide whether
to issue a restraining order?
Under the law, the judge needs
to determine if:
• your relationship is covered
by the law; and
• you have shown “a substantial likelihood of immediate danger of abuse
- Is the abuser involved in this
process?
The abuser is generally not
present for the initial hearing and you are not required to let him or her
know you are seeking a restraining order. The abuser has the right to be
present at later court dates.
- What happens after the judge issues
the temporary restraining order?
The judge will issue a
temporary order for up to ten days, until the “return date.” Between the
initial date and the return date, the local
police will make every effort to give the abuser a copy of the order.
You must come to court on the
return date to ask the court to continue the order or it will expire and
you will no longer have its protections. A hearing will be held on the
return date to determine if the restraining order will be continued. An
advocate may assist you at the hearing. The abuser has the right to come
into court and
participate in the hearing. The judge will make the final decision.
Orders can last any length of
time up to one year. When an order is set to expire, you may come into
court to ask the judge to renew it.
You should carry your
restraining order with you at all times.
- If I contact the abuser can I be
charged with violating the order?
No. You cannot violate the
order. Only the abuser can violate the order. However, when an order is in
place, you should not initiate any contact that the order forbids.
- What if I want to change the terms
of the restraining order?
Either you or the abuser can
ask the court to change the terms of the order. Changes can be made on the
return date. If you wish to change the order at a later date, you will
have to file a motion with the court. You may want to talk to an advocate
about any changes you’re considering.
- If I'm under 18 does a parent or
another adult have to come with me to court?
A person who is under 18 is
considered a minor. If you’re a minor, a judge may request that a parent
or guardian come with you to court. If that is not possible, the court may
appoint someone to discuss the situation with you and report to the court.
However, the judge can issue the order without a parent or guardian
present if you appear to be in danger.
- Are the court records confidential?
As a general rule, if either
you or the abuser is a minor, the court records will be confidential and
not available to the public. However, a minor’s parent or guardian may
still review the application. If neither party is a minor, the court will
keep the following information confidential from the public:
• your home address and
telephone number; and
• your workplace name, address and telephone number.
Your home and work address
will generally appear on the order, which will be given to the abuser. If
you don’t want the abuser to have this information, you need to ask the
court to omit it. The court will do so if you ask.
Safety Planning...
- Getting Help and Support
Safety planning is an
essential part of protecting your-self if you are or have been in a
relationship which causes you to be afraid. This is an important step even
if you decide that you don’t want a restraining order or you think that
you are not eligible for one.
You need to assess your own
safety and develop a plan which is right for you. Advocates can help you
to consider your options. As part of your plan, you may want to:
• notify your family, friends,
school and workplace, if appropriate, when you get a restraining order;
• let others know your whereabouts and schedule throughout the day;
• seek out people who can support you, including family, teachers,
counselors, school officials and friends
• identify safe routes to and from school, activities and work
• consider the need for changes to school or work schedules
• locate places you can go if you are in danger; and
• call your local domestic violence program (which you can do
anonymously).
- RESTRAINING ORDERS AND SCHOOLS
If you let your school know
that you have a restraining order, the school may help you in the
following ways: If the abuser isn’t a student, your school may assist you
by keeping that person off school property and by reporting violations of
the restraining order to the police.
If the abuser is a student at
your school, the school can assist by:
• changing class schedules and lunchtime assignments
• changing locker assignments
• providing staff and services to address your needs
• notifying the police of any violations of the order.
- Contacting the Police
You should know that the abuse
which you’re experiencing may be a crime. Call your local police
immediately if you think the person you are in fear of has done something
which may be a crime, such as threatening, assaulting, stalking or
harassing you. Many police departments have domestic violence and juvenile
officers who can help you. They can assist you even if you’re not in an
emergency situation.
- Resources
Whatever your circumstances,
help is available. If you have questions, want more information or just
need to talk to someone, there are places to call:
Massachusetts Statewide
Domestic Violence Hotline
Toll-free, 24 hours
(877) 785-2020
National Domestic Violence
Hotline
Toll-free, 24 hours
(800) 799-SAFE (7233)
- Office of the Attorney General
- Tom Reilly
- One Ashburton Place
- Boston, MA. 02108
- 617-727-2200
Download the Teen Dating
Violence & Restraining brochure in PDF format.
Click Here
911 for your local police
department
508-222-1212 Attleboro Police
non-emergency line
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