Other Legal Updates

•  Full Faith and Credit for Out-of-State Protection Orders

This new law provides that out-of-state (not issued from Massachusetts) protection orders or protection orders issued in another jurisdiction, "will be fully enforceable in Massachusetts, and treated as if the order originated in Massachusetts." This law provides that:

•  A police officer may enforce a restraining order issued by another jurisdiction that has been provided to him/her by any source including the Domestic Violence Record Keeping System. Police may presume the validity of such restraining order, so long as the officer receives a statement by the person protected in the order that the order is currently in effect. The law specifically provides that police may rely on this statement.

•  A person with an out-of-state restraining order can appear in any district, probate, or superior court, or the Boston Municipal Court, to file a certified copy of a restraining order issued by another jurisdiction. Information from this order is made accessible to law enforcement by entry in the Domestic Violence Record Keeping System.

Note : The filing of a certified order is not a precondition to having the order enforced by law enforcement officers and in the court.

•  Restraining Orders for Persons who are physically disabled

This new law provides that the court, through the emergency judicial response system, may grant emergency abuse prevention orders by telephone during court hours to persons who cannot appear in court without severe hardship due to a physical condition. The law further provides that a representative may appear in court on the plaintiff's behalf to obtain a temporary order protecting the plaintiff.