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Commonwealth of Massachusetts
UMASS/AMHERST 9
Office of the Attorney General
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Harshbarger
Scott
Attorney General
Domestic Violence: The Challenge
Law
For Enforcement
DOCUMENTS
GOVERNMENT
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COLLECTION
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MAY 1595
Massachusetts
University of
Copy
Depositary
Northeastern University
October 18, 1993
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TABLE OF CONTENTS
I. "REPORT ON DOMESTIC VIOLENCE: A COMMITMENT TO ACTION" ... 1
The Harvard Luncheon Series Report by Attorney General Scott
Harshbarger and Jay Winsten, Associate Dean and Director of
the Center for Health Communication, Harvard School of Public
Health.
II. G.L. c. 209A: THE ABUSE PREVENTION ACT 5
A. The Abuse Prevention Act, G.L. c. 209A:
Statutory Overview
5
B. The Abuse Prevention Act Chapter 209A 26
C. Related Statutes 33
III. PRE-COURT FORMS AND PROCEDURES 37
A. Sample 209A Petition and Abuse Prevention Order. ... 37
B. Sample Abuse Prevention Order 41
C. Sample Abuse Prevention Form for
Service of Orders
4 3
IV. POLICE GUIDELINES 45
A. Summary of the Police Guidelines 45
B. The Police Guidelines 49
V. THE EMERGENCY JUDICIAL RESPONSE SYSTEM 60
Report of the Massachusetts Trial Court 60
VI. INJURY DOCUMENTATION 69
A. Norwood Police Department Materials/Checklist 69
"Domestic Violence Documentation",
B.
Law and Order July, 1993 71
,
VII. LEGAL DEVELOPMENTS IN DOMESTIC VIOLENCE LAW 75
A. The Stalking Law, G.L. c. 265, Section 43 75
B. Mahonev v. Commonwealth 415 Mass. 278 (1993) 84
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C. Proposed State Legislation 90
D. Proposed Federal Legislation 94
E. Commonly Asked Questions Concerning Chapter 209A. 103
VIII. WHAT IS BATTERING? Ill
A. What is Battering? Ill
B. Power and Control Wheel 112
C. Myths About Woman Abuse 113
D. Effective Intervention with Battered Women 120
E. When Love Turns Violent: The Roots of Abuse 124
IX. FAMILY VIOLENCE: REACHING POPULATIONS
WITH SPECIAL NEEDS 125
A. Battered Lives 125
B. What Is Elder Abuse? 130
C. Elderly Protection Project: Law Enforcement,
Elder Abuse Reporting and Intervention 138
D. Elderly Protection Project: Law Enforcement
Advanced Training, Topics Covered and Schedule.... 14 3
E. Unique Aspects of Violence in Teen
Dating Relationships 148
F. Teen Dating Violence: Recognizing
the Early Warning Signs for Victims 149
G. Teen Dating Violence: Recognizing the
Early Warning Signs for Perpetrators 150
H. "Not So Different, After All: The Trials
of Gay Domestic Violence" 152
I. Is Lesbian Battering the Same as
Straight Battering? 153
J. Violent and Coercive Behaviors Utilized
in Lesbian Battering 154
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SUPPLEMENTAL MATERIALS 155
X.
A. Domestic Violence Facts 155
B. Restraining Orders for Victims of
Domestic Violence 156
C. Identifying the Assaultive Husband in Court:
You Be the Judge 158
D. Spousal/Partner Assault: A Protocol For
the Sentencing and Supervision of Offenders 161
E. No Boundaries: The Physical and Mental
Health Effects of Family Violence 168
F. Women, Families, and Guns 169
G. Violence Update: Impact of Spouse
Abuse on Children of Battered Women 171
H. Facts on Alcohol, Drugs and Domestic Violence 175
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A
"Report on Domestic Violence: Commitment
to Action"
"REPORT ON DOMESTIC VIOLENCE: A COMMITMENT TO ACTION", by Attorney
General Scott Harshbarger and Jay Winsten, Ph.D., Associate Dean
and Director, Center for Health Communication, Harvard School of
Public Health
EXECUTIVE SUMMARY
This report the culmination of a two-year series of working luncheons co-
is
sponsored by Attorney General Scott Harshbarger and the Harvard School of Public
Health, Center for Health Communication, directed by Jay A. Winsten, Ph.D. The
sessions were conducted in cooperation with the Massachusetts Coalition of Battered
Women
Service Groups.
To date, nine luncheons have been held which have brought together key
policymakers, legislators, advocates, members of the criminal justice system and law
enforcement, academicians, and representatives of the media. The goal of the luncheon
series was to raise media and public awareness about the problem of domestic violence,
with the hope of promoting meaningful change in public policy.
Eight sessions focused on a wide range of critical issues in domestic violence: the
implications of the new amendments to the twelve-year-old Abuse Prevention Law; the
granting of clemency for battered women imprisoned for killing their batterers; guidelines
for the police response to domestic violence; training for all personnel in the judicial
system; the need for an integrated, multidisciplinary approach to combatting domestic
violence; the role of the medical community in identifying and assisting victims of abuse;
the implications of the family preservation concept for battered women and their
children; and the efficacy of batterers' treatment programs. The ninth session was
devoted to a discussion of recommendations for domestic violence policy in
Massachusetts.
The key recommendations contained in this report fall into three major areas:
(1) early intervention and prevention; (2) the need for an integrated, multidisciplinary
approach to the problem of domestic violence; and (3) long-term strategies to protect
victims and prevent further domestic violence in Massachusetts.
Please note that the recommendations section of this Executive Summary merely
highlights the intervention efforts that need to be implemented if we are seriously
committed to breaking the cycle of violence. The reader is urged to read the entire
report for a more in-depth discussion of the suggested remedies.
Key Recommendations:
women
Resources must be available to ensure that battered can gain access to services
1.
by trained advocates on a 24-hour basis.
2. Multi-disciplinary training on domestic violence should be mandated for all health care
workers, including but not limited to physicians, nurses, social workers, and students in
those disciplines, who come in contact with victims of abuse.
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3. More social workers and victim advocates trained in domestic violence issues are
needed in medical settings.
4. Health care institutions need to ensure that health care workers have adequate time to
see patients in order to explore the possibility of violence and to discuss options, as part
of their obligation to implement the requisite domestic violence protocols.
A
5. unique program which offers battered women's advocacy within a pediatric health
AWAKE
care setting (the Project of Boston's Children's Hospital) should be replicated
in other health care institutions which provide services to abused children.
6. Massachusetts law needs to be further amended to allow minors to seek treatment for
injuries related to domestic violence without parental permission.
7. Employee assistance programs should include the provision of appropriate resources
and referrals concerning domestic violence.
8. Employers should have protocols in place for dealing with employees who are victims
or perpetrators of violence.
9. Special protocols must be developed regarding criminal justice or law enforcement
officials who are the defendants in 209A petitions, orders, and/or charges.
10. There should be uniform, integrated standards of practice and multidisciplinary
training developed for all individuals who are part of the domestic violence response
network.
11. Such training should include a focus on cultural and linguistic minorities, and other
populations which traditionally have been underserved, such as the differently-abled,
people in same-sex relationships, and substance abusers.
12. Appropriations for expenditures associated with basic training in the area of domestic
FY
violence should be a budget priority for *94 and subsequent fiscal years.
A
13. system should be established which can ensure that professionals or other certified
individuals or organizations responding to domestic violence are in compliance with
applicable laws and standards of practice, and are held accountable for their actions or
inactions.
14. Police departments should designate a trained domestic violence officer or establish
specialized domestic violence units to handle such cases.
15. Once the law enforcement and the criminal justice systems are involved in domestic
violence matters, they should make all efforts to expedite the processing of domestic
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