Chief’s Corner
By Chief Steven J. Wojnar Dudley Police Department Abuse prevention orders or, what are often referred to as “restraining" orders, were the subject of a recent question. The person also heard of a “harassment” order. I was asked to provide some information on these and explain how they may differ. Mass General Laws Chapter 209A contains the laws for what are commonly referred to as restraining orders. Chapter 258E provides the regulations for what are termed to be harassment orders. Both orders are issued by a judge, either during court hours or through the police department after hours or on weekends. Both offer similar protections to a plaintiff, such as ordering no further abuse or restricting contact between the involved parties. 209A orders can provide additional protections including financial support and other conditions. Primary difference between the two is the relationships involved with the parties. MGL Chapter 209A Section 1 gives relief to “family or household members.” In these cases, relationships must fit into one of the following categories: 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. If these do not apply, a person will not be eligible for a Chapter 209A abuse prevention order. Harassment orders, issued under MGL Chapter 258E, do not have any such relationship requirements. Anyone can apply for an order against another person under certain conditions. The primary basis for issuance is a person is a victim of 3 or more acts of harassment, which are willful and malicious and intended to cause fear, intimidation, abuse, etc. Other conditions may also apply in cases of 1 or more incidents if it involves certain felony offenses, such as indecent assault and battery, rape, etc. More information on the difference can be found on the Mass.gov website at: https://www.mass.gov/doc/am-i-eligible-for-a-restraining-order/download Many measures can be taken to limit harm from a potential attacker. These orders are only a small part of the actions potential victims should take to ensure their safety and the safety of others around them. |
If you fear abuse or violence from another, contact the police or a victim service organization to find out what options are available to you for a safer environment.
Our department will once again be collecting Christmas gift donations for local families in need. New and unwrapped toys and clothing can be brought to the Dudley Police Department at 71 West Main Street. Monetary donations as well as gift cards are also accepted. There are definite needs in our area for these items and our department thanks everyone in advance for their continued generosity. For those still seeking vaccination or COVID related information, it can be found at www.dudleyma.gov or by calling The Board of Health 508-949-8036. During these challenging times, we, at the Dudley Police Department, greatly appreciate the support we receive from our community. Thanks again for your questions and comments. Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at swojnar@dudleypolice.com. Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen. |
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