§ 1 — Definitions

Massachusetts § 1

• Jurisdiction: Massachusetts
• Part II: REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
• Title III: DOMESTIC RELATIONS
• Ch. 209A: ABUSE PREVENTION

Text

Section 1. As used in this chapter the following words shall have the following meanings:[ Definition of "Abuse'' effective until September 18, 2024. For text effective September 18, 2024, see below.]"Abuse'', the occurrence of one or more of the following acts between family or household members:(a) attempting to cause or causing physical harm;(b) placing another in fear of imminent serious physical harm;(c) causing another to engage involuntarily in sexual relations by force, threat or duress.[ Definition of "Abuse'' as amended by 2024, 118, Sec. 4, effective September 18, 2024. For text effective until September 18, 2024, see above.]"Abuse'', the occurrence of any of the following acts between family or household members:(a) attempting to cause or causing physical harm;(b) placing another in fear of imminent serious physical harm;(c) causing another to engage involuntarily in sexual relations by force, threat or duress;(d) coercive control.[ Definition of "Coercive control'' added by 2024, 118, Sec. 4, effective September 18, 2024.]"Coercive control'', either:(a) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy, including, but not limited to:(i) isolating the family or household member from friends, relatives or other sources of support;(ii) depriving the family or household member of basic needs;(iii) controlling, regulating or monitoring the family or household member's activities, communications, movements, finances, economic resources or access to services, including through technological means;(iv) compelling a family or household member to abstain from or engage in a specific behavior or activity, including engaging in criminal activity;(v) threatening to harm a child or relative of the family or household member;(vi) threatening to commit cruelty or abuse to an animal connected to the family or household member;(vii) intentionally damaging property belonging to the family or household member;(viii) threatening to publish sensitive personal information relating to the family or household member, including sexually explicit images; or(ix) using repeated court actions found by a court not to be warranted by existing law or good faith argument; or(b) a single act intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes the family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy of: (i) harming or attempting to harm a child or relative of the family or household member; (ii) committing or attempting to commit abuse to an animal connected to the family or household member; or (iii) publishing or attempting to publish sexually explicit images of the family or household member."Court'', the superior, probate and family, district or Boston municipal court departments of the trial court, except when the petitioner is in a dating relationship when "Court'' shall mean district, probate, or Boston municipal courts."Family or household members'', persons who:(a) are or were married to one another;(b) are or were residing together 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 or Boston municipal courts consideration of 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."Law officer'', any officer authorized to serve criminal process."Protection order issued by another jurisdiction'', any injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or tribal court that is issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection."Vacate order'', court order to leave and remain away from a premises and surrendering forthwith any keys to said premises to the plaintiff. The defendant shall not damage any of the plaintiff's belongings or those of any other occupant and shall not shut off or cause to be shut off any utilities or mail delivery to the plaintiff. In the case where the premises designated in the vacate order is a residence, so long as the plaintiff is living at said residence, the defendant shall not interfere in any way with the plaintiff's right to possess such residence, except by order or judgment of a court of competent jurisdiction pursuant to appropriate civil eviction proceedings, a petition to partition real estate, or a proceeding to divide marital property. A vacate order may include in its scope a household, a multiple family dwelling and the plaintiff's workplace. When issuing an order to vacate the plaintiff's workplace, the presiding justice must consider whether the plaintiff and defendant work in the same location or for the same employer.