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NCJRS Abstract

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NCJ Number: 153830 Find in a Library
Title: Overview of Mass. (Massachusetts) Gen. (General) L. (Law) Ch. (Chapter) 209A, the Abuse Prevention Statute, and the Prosecutorial Role of the District Attorney's Office
Journal: New England Law Review  Volume:28  Issue:2  Dated:(Winter 1993)  Pages:261-272
Author(s): J P Zanini
Date Published: 1993
Page Count: 12
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article outlines the content of Massachusetts Abuse Prevention statute, Mass. Gen. L. Ch. 209 A, which generally provides for the issuance of protective orders to ensure the safety and security of adults and minor children; the article also focuses on the role of the District Attorney in enforcing the act.
Abstract: The primary role of the District Attorney is to prosecute all acts deemed criminal by the Abuse Prevention statute. The District Attorney's Office is required to prepare information packets for distribution to civil complainants seeking protective orders, informing complainants that violation of an order is criminal conduct and advising them of their rights and the necessary procedures to pursue criminal remedies. This information also includes, but is not limited to, issues regarding the crime of stalking. Violation of an abuse prevention order to vacate the household or refrain from abusing the complainant or the complainant's minor child is "punishable by a fine of not more than 5,000 dollars, or by imprisonment for not more than 2 1/2 years in a house of correction, or both ...." In addition, the court may order the defendant to participate in substance abuse and batterer's treatment programs. The court may also order monetary compensation for a victim's out-of-pocket and economic costs. Sentencing recommendations should be commensurate with other crimes of violence. 81 footnotes
Main Term(s): Court procedures
Index Term(s): Child abuse prevention; Domestic assault prevention; Massachusetts; State laws; Victims of violent crime
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