GENERAL LAWS OF MASSACHUSETTS

REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

TITLE III.

DOMESTIC RELATIONS

CHAPTER 209A. ABUSE PREVENTION

Chapter 209A: Section 1 Definitions

Section 1. As used in this chapter the following words shall have the

following meanings:

""Abuse'', the occurrence of one or more of the following acts between

family or household members:

  (a) attempting to cause or causing physical harm;

  (b) placing another in fear of imminent serious physical harm;

  (c) causing another to engage involuntarily in sexual relations by force,

        threat or duress.

""Court'', the superior, probate and family, district or Boston municipal

     court departments of the trial court, except when the petitioner is in a

     dating relationship when ""Court'' shall mean district, probate, or

Boston municipal courts.

  ""Family or household members'', persons who:

  (a) are or were married to one another;

  (b) are or were residing together in the same household;

  (c) are or were related by blood or marriage;

  (d) having a child in common regardless of whether they have ever

        married or lived together; or

  (e) are or have been in a substantive dating or engagement relationship,

       which shall be adjudged by district, probate or Boston municipal courts

       consideration of the following factors:

(1) the length of time of the relationship;

(2) the type of relationship;

(3) the frequency of interaction between the parties; and

(4) if the relationship has been terminated by either person,

     the length of time elapsed since the termination of the relationship.

""Law officer'', any officer authorized to serve criminal process.

""Protection order issued by another jurisdiction'', any injunction or

    other order issued by a court of another state, territory or possession

    of the United States, the Commonwealth of Puerto Rico, or the District of Columbia,

    or tribal court that is issued for the purpose of preventing violent or

    threatening acts or harassment against, or contact or communication with

    or physical proximity to another person, including temporary and

    final orders issued by civil and criminal courts filed by or on behalf

    of a person seeking protection.

""Vacate order'', court order to leave and remain away from a premises and

    surrendering forthwith any keys to said premises to the plaintiff.

    The defendant shall not damage any of the plaintiff's belongings or

    those of any other occupant and shall not shut off or cause to be shut off any

    utilities or mail delivery to the plaintiff. In the case where the premises

    designated in the vacate order is a residence, so long as the plaintiff is

    living at said residence, the defendant shall not interfere in any way with the

    plaintiff's right to possess such residence,  except by order or judgment of a court

    of competent jurisdiction pursuant to appropriate civil eviction proceedings,

    a petition to partition real estate, or a proceeding to divide marital property.

    A vacate order may include in its scope a household,

    a multiple family dwelling and the plaintiff's workplace.

    When issuing an order to vacate the plaintiff's workplace,

    the presiding justice must consider whether the plaintiff and

    defendant work in the same location or for the same employer.

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