Domestic
Violence
Abuse
Behaviors
Sexual Abuse
Elder
Abuse
Victim's Rights
Summary of
Notice of Rights for Abuse Victims:
As a victim,
the Commonwealth has afforded you certain rights. The Abused
Person's Notice of Rights outlines your
rights as a victim of domestic violence as provided by
Massachusetts General Laws Chapter 209A.
In
accordance with Chapter 209A, you have the right to appear at
the Superior Court, Probate and Family District Court or
Boston Municipal Court if you reside within the appropriate
jurisdiction, and file a complaint requesting the issuance of
any of the following orders:
(a) an order restraining
your attacker from abusing you,
(b) an order directing your
attacker to leave the household, building or workplace,
(c) an order awarding you
custody of minor children,
(d) an order directing your
attacker to pay support for you or any minor child in your
custody, if the attacker has a legal obligation of support,
and/or
(e) an order directing your
attacker to pay you for losses suffered as a result of abuse,
including medical and moving expenses, loss of earnings or
support, costs for restoring utilities and replacing lockers,
reasonable attorney’s fees and other out of pocket losses for
injuries and property damaged sustained.
For an
emergency on weekends, holidays, or week nights the police
will refer you to a Justice of the Superior, Probate and
Family, District or Boston Municipal Court Departments.
You have
the right to go to the appropriate Court and seek a criminal
complaint for threats, assault and battery, assault with a
deadly weapon, assault with intent to kill or other related
offenses.
If you
are in need of medical treatment, you have the right to
request that the police officer drive you to the nearest
hospital or otherwise assist you in obtaining medical
treatment.
If you
believe that police protection is needed for your physical
safety, you have the right to request that the officer present
remain at the scene until you and your children can leave or
until your safety is otherwise ensured. You may also request
that the officer assist you in locating and taking you to a
safe place, including, but not limited to designated meeting
place for a shelter or a family member’s or friend’s
residence, or similar place of safety.
You may
request a copy of the police incident report at no cost from
the police department. To obtain a restraining order you do
not need an attorney and it will not cost you any money.