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Massachusetts Legal Definition of Domestic Violence
Domestic Violence Law Covers LGBT Relationships
The Massachusetts “domestic violence law” covers gay, lesbian, bisexual and transgender relationships. This law is the Massachusetts Abuse Prevention Act, under the General Laws, Chapter 209A. Those familiar with the Act often call it “209A”. 209A is the law and procedure for securing and implementing a restraining order in Massachusetts.
Other states have laws regarding domestic violence and restraining orders. GLBT relationships are not covered in every state. Contact a GMDVP Client Advocate for help in locating information regarding these laws in your state.
The Massachusetts 209A covers people in wide range of relationships, including those in GLBT relationships. The law also covers not only those who are married or living in the same household, but also those in a “substantive” dating relationship. So, even if the partners in a relationship are not living together, the law applies to them. Below is how the 209A defines “family or household members”. Pay special attention to a, b, d and e.
Family and household members (are those) 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 court’s 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.
Examples of Relationships Covered by 209A
v An ex-lover/partner
v A lover/partner living in the same household
v A lover/partner living in a different household
v A spouse or an ex-spouse
v A roommate/housemate
v A caregiver living in the same household
v A person with whom you had or have a dating-type relationship, for a while
The Law’s Definition of Abuse
To be eligible for a restraining order in Massachusetts, you must meet the definition of abuse in 209A. Be aware that 209A defines abuse more narrowly than GMDVP’s definition (See Definition of Domestic Violence). The reason is that the law is intended to protect people, through a restraining order, from the three violent and illegal acts listed below. 209A defines abuse as 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 of force or duress.
(Also see Restraining Orders.)