Bill Text: MA S1698 | 2009-2010 | 186th General Court | Introduced
Bill Title: Expand the venue for filing emergency protective orders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1698 Detail]
Download: Massachusetts-2009-S1698-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Ms. Flanagan
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to expanding the venue for filing emergency protective orders.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Jennifer L. Flanagan |
Worcester and Middlesex |
|
Ellen Story |
3rd Hampshire |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00783 OF 2007-2008.]
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to expanding the venue for filing emergency
protective orders.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 209A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. (a) Proceedings under this chapter shall be filed, heard and determined in the superior court department or the Boston municipal court department or respective divisions of the probate and family or district court departments having venue over the plaintiff’s residence. If the plaintiff has left a residence or household to avoid abuse, such plaintiff shall have the option of commencing an action in the court having venue over such prior residence or household, or in the court having venue over the present residence or household.
(b) If a plaintiff demonstrates a substantial likelihood of immediate danger of abuse, a plaintiff who requests a temporary order of any justice of the superior, probate and family, district, or Boston municipal court departments pursuant to this chapter shall not be denied relief because of improper venue. Thereafter, if relief was granted without the filing of a complaint pursuant to this chapter, the plaintiff shall appear in the court having venue over the plaintiff’s residence or over a prior residence or household as provided in paragraph (a). Any hearings held on the continuance of such temporary order or on granting other relief as requested by the plaintiff shall be heard in the court having venue over the plaintiff’s residence or over a prior residence or household as provided in paragraph (a).
