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Legal Assistance for Victims

The GLBT Domestic Violence Attorney Program provides free and sliding-scale legal assistance to eligible gay, lesbian, bisexual and transgender victims of domestic violence in Massachusetts. Through direct representation and the utilization of a pro bono network of attorneys, the program aims to ensure GLBT victims of domestic violence are able to enjoy full access to the legal system and allow victims to pursue all legal remedies. The program provides safety planning, referrals and legal representation, including advocacy at restraining order hearings.

If someone is abusing you or someone in your household, you do not have to accept it—even if your spouse is the abuser. You have legal options to stop the violence and the GLBT Domestic Violence Attorney Program can help.

Restraining Orders

In Massachusetts the type of restraining order generally sought in domestic violence is known as a “209A order.” This type of restraining order covers specific relationships and offers specific protections against future abuse. It does not hold someone accountable for what they may have done in the past, rather it orders them not to abuse you in the future. Violation of a restraining order is a criminal offense. There are no costs related to obtaining a restraining order.

A restraining order is available against someone with whom you have had a "substantive" dating relationship; a current or former household member; a blood relative; or a current or former spouse. Orders are available regardless of sexual orientation, gender, age, or marital status. In Massachusetts, in order to get a restraining order against someone, that person must have done one of the following: caused you physical harm, attempted to cause you physical harm, placed you in fear of imminent physical harm, and/or caused you to have sexual relations involuntarily by force, threat, or duress.

Through a restraining order, you can ask a judge to order any or all of the following:

· that the abuser not abuse you from now on (typically known as “refrain from abuse”)

· that the abuser leave the apartment or house if you live together (a “vacate order”) regardless of whether the abuser’s name is on the lease or mortgage; (an order requiring the abuser to leave his or her leased apartment or owned home will be temporary)

· that the abuser surrender weapons (guns), ammunition and/or Firearm ID Card, etc.

· that the abuser stay a certain distance away from you; that the abuser have no further contact with you, whether directly or through a third party (for example through friends, co-workers, or family members)

· that you be granted temporary custody; temporary child support; reimbursement for expenses related to the abuse

· that the abuser return items that they possess which would grant them access to you, including keys, garage door opener, etc.

During business hours, you can get an order at any court (District or Probate and Family) where you lived when the abuse took place or, if you've moved, where you're living now. The temporary restraining order will typically last ten business days at which time there will be hearing (known as the “10-day hearing”) to determine whether or not the order should be extended for up to one year. The abuser has the right to appear, with or without an attorney, to argue against the restraining order. If the abuser doesn't appear and you do, the judge will most likely renew the order with all the protections granted in the temporary order. If you don't show up, the order will automatically be dropped. (If you drop a restraining order, you can still go back another time to get a new one.) If you both show up, the judge will listen to each of you and make a determination about whether to renew the order. Be aware that any orders out of Probate court (which has jurisdiction over family matters) that have to do with custody, visitation or support automatically take precedence over anything that may have been granted on a restraining order out of District court. Lastly, after business hours, on holidays, and on weekends, you can get an emergency restraining order through the police. If you get an emergency order, you will have to go to court the next business day in order to get it renewed; if you do not go, it will be dismissed.

Housing

In Massachusetts, victims of domestic violence who receive public assistance (Section 8) or who live in public housing have legal options to protect their rights as a tenant. Even if you live in private housing, you may be able to stay in a shelter or safe-home program should you need to leave your current residence.

Employment

In Massachusetts, you can receive unemployment benefits if you lose your job due to domestic violence. Furthermore, if you are still working, you may have other options that will allow you to take an unpaid leave from work so that you may address your situation. Lastly, you may have legal recourse should you face discrimination in employment and/or the hiring process because of your sexual orientation and/or sex.

Divorce/Custody/Visitation/Child Support

You can receive temporary custody and child support through a restraining order. Furthermore, you can obtain a divorce, custody, visitation, and/or child support through your county’s Probate and Family Court.

Victim Compensation

If you’ve suffered injuries and/or financial losses, you may have legal recourse through civil court and the Attorney General’s Victim Compensation and Assistance Division.

Immigration

Even if you are undocumented or without legal immigration status, there are immigration laws that in certain circumstances may help you escape violence and gain legal immigration status. If these laws apply to you, you can obtain legal status *without *help from your battering spouse or parent.

Remember, you have legal options and the GLBT Domestic Violence Attorney Program can help. If you would like to speak with the attorney, email an advocate by going to the main menu bar of the website and clicking on ‘Contact’ >> ‘Contact and Advocate’, or speak directly to an advocate by calling the hotline, 1-800.832-1901.