Restraining Orders
Domestic Violence Information
Domestic Violence strikes at the heart of our society and threatens the
stability of the family leaving an imprint that violent behavior is
acceptable. The seeds of violence are then sown into the fabric of the next
generation.
Domestic Violence
can be defined as intentional violent or controlling behavior by a person
who is, or was, in a relationship with the victim. It can include such behaviors
as actual or threatened physical injury, sexual assault, psychological abuse,
economic control, an/or progressive social isolation.
ALARMING STATISTICS
- One out of every two women are battered at some time in their life and
over one-third are battered repeatedly.
- If all the women victimized by domestic violence in 1993 joined hands, the
line would stretch from New York City to Los Angeles and beyond.
- Battering accounts for more injuries to women than car accidents, muggings
and rapes combined.
- Battering is rarely isolated and always escalates in severity over time.
- Domestic Violence cuts across all lines including race, class, age,
sexual orientation and social-economic class.
- Women are the victims in 95% of the incidents.
- More than 3 million children witness acts of domestic violence each year.
- Children who witness abuse are more likely to:
- commit suicide
- abuse drugs and alcohol
- commit sexual assault crimes
- be physically or psychologically abuse themselves by the batterer. A male
child in a home where battering takes place is 1000 times more likely to become a
batterer than a male child in a home where battering does not take place.
Phase 1: Tension Building:
- Victim compliant, good behavior
- Batterer experiences increased tension.
- Victim minimizes problems.
- Batterer increases threats.
- Victim denies danger.
- Batterer takes more control.
- Tension becomes more intolerable.
Phase 2: Acute Battering:
- Batterer unpredictable, claims loss of control.
- Victim is helpless, feels trapped.
- Batterer is highly abusive.
- Victim traumatized.
Phase 3: Kindness and Loving Behavior:
- Batterer often apologetic, attentive.
- Victim has mixed feelings.
- Batterer is manipulative.
- Victim feels guilty and responsible.
- Batterer promises change.
- Victim considers reconciliation.
KNOW YOUR LEGAL RIGHTS
No one deserves to be threatened, hit or beaten. Violence against another person is a crime.
The Abuse Prevention Act (Ch. 209A) was created to protect people who are battered.
With the assistance of the police and an on-call judge, a restraining order can be
obtained 24 hours a day, 7 days a week, including holidays.
A restraining order (209A) does not require:
- A fee to be paid.
- A lawyer.
- That the victim be married to the abuser.
Any person who has been abused physically or sexually (even by members
of the same sex) or who has been threatened with abuse may receive a temporary
restraining order that will:
- Restrain the abuser from further abuse.
- Require the abuser to vacate the premises.
- Give temporary support of minor children to the victim.
- Make provisions for the abuser to provide support when appropriate.
- Prohibit further direct or 3rd party contact.
OPTIONS FOR VICTIMS IN ABUSIVE SITUATIONS
People who are being abused and criticized often feel isolated, depressed
and even crazy. Know that you are not alone. There are
options available to you.
- COUNSELING: find support while learning to change, deal with or leave
the violent environment. Support groups for battered victims and individual
counseling are available.
- CALL FOR ADVICE/HELP: use local resources listed below. No one deserves
to be abused and these resources exist to help you.
- PRESS CRIMINAL CHARGES: you have the right to file assault and battery
charges against your abuser. Support is available through the local
Victim-Witness Program.
- ABUSE PREVENTION ACT: under this law you may obtain a restraining and
vacate order from the court if you are threatened with abuse or have been abused.
- FAMILY SUPPORT: find those friends or relatives who support you and will
offer you shelter if needed.
Resources
Massachusetts
- The Support Commission for Battered Women
- 1-800-899-4000 (Hotline)
- Elder Abuse Hotline
- 1-800-922-2275
Boston Area
- Greater Boston Legal Services
- 617-371-1234 (weekdays)
- Harvard Law School Battered Women's Advocacy Program
- 617-495-3139
- Domestic Violence Training Resource Institute, Inc.
- 508-369-1542
Information courtesy of Newton Domestic Violence Action Committee and by
Lt. Robert McDonald, MC of the Newton Police Department
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