Product Description

Recent updates:

• Update: October 2021

  Dear Subscriber:

  Thank you for choosing to update your reference library with the 2021 supplement to Obtaining, Enforcing, and Defending c. 209A Restraining Orders in Massachusetts .

  This supplement includes a new feature in select chapters, commentary on diversity, equity, and inclusion (see chapters 1, 2, and 3).

  You will also find step-by-step guidance and practical pointers on topics including the following:

  • the differences between Chapter 209A restraining orders and Chapter 258E harassment prevention orders (see chapter 1);

  • how to plan for your client's safety (see chapter 2);

  • the potential penalties for violating an order, including the circumstances under which a warrantless arrest may be made (see chapter 3);

  • common reasons why the alleged victim might deny the abuse once the defendant is arrested and in custody (see chapter 4);

  • an explanation of the Massachusetts Victim Bill of Rights and the role of victim impact statements (see chapter 5); and

  • updated domestic violence resources including various programs located throughout Massachusetts (see chapter 6).

  We at MCLE trust that you will find this material useful in your practice and valuable in keeping your law library current.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: November 2019

  Dear Subscriber:

  Thank you for choosing to update your reference library with the 2019 edition of Obtaining, Enforcing, and Defending c. 209A Restraining Orders in Massachusetts .

  In this edition you will find step-by-step guidance and practical pointers on topics including the following—

  • the differences between Chapter 209A restraining orders and Chapter 258E harassment prevention orders (see chapter 1);

  • how to elicit details when interviewing a client who is a potential candidate for a restraining order so that you can assist in planning for their safety (see chapter 2);

  • the potential penalties for violating an order, including the cir-cumstances under which a warrantless arrest may be made (see chapter 3);

  • common reasons why the alleged victim might deny the abuse once the defendant is arrested and in custody (see chapter 4);

  • an explanation of the Massachusetts Victim Bill of Rights and the role of victim impact statements (see chapter 5); and

  • updated domestic violence resources including various programs located throughout Massachusetts (see chapter 6).

  We at MCLE trust that you will find this material useful in your practice and valuable in keeping your law library current.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

An Overview of the Statute

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Timothy J. Cruz, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Jessica Elumba, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Elizabeth O'Connell, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts

Exhibit 1A

- Substantive Differences Between G.L. c. 209A and G.L. c. 258E Buy Form

Exhibit 1B

- Chapter 258E: Frequently Asked Questions Buy Form

Chapter 2 expand

Obtaining a Restraining Order

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Timothy J. Cruz, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Jessica Elumba, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Elizabeth O'Connell, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts

Exhibit 2A

- Sample Guide to Abuse Prevention Buy Form

Exhibit 2B

- Related Resources on Domestic Violence Buy Form

Chapter 3 expand

Restraining Order Violation—Arrest and Bail

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Timothy J. Cruz, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Jessica Elumba, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Elizabeth O'Connell, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts

Exhibit 3A

- Order of Pretrial Detention Under G.L. c. 276, § 58A Buy Form

Chapter 4 expand

Prosecution and Defense of Restraining Order Violations

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Timothy J. Cruz, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Jessica Elumba, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Elizabeth O'Connell, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts

Chapter 5 expand

Sentencing

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Timothy J. Cruz, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Jessica Elumba, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Elizabeth O'Connell, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts

Chapter 6 expand

Statewide Domestic Violence Resources

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Timothy J. Cruz, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Jessica Elumba, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Elizabeth O'Connell, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts

Appendix

Resource Appendix

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Author(s)