HOUSE DOCKET, NO. 2112 FILED ON: 1/15/2015
HOUSE . . . . . . . . . . . . . . . No. 1186
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Garrett J. Bradley
_________________
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 adoption of the accompanying bill:
An Act relative to exclusive probate court jurisdiction regarding abuse prevention orders affecting minors.
_______________
PETITION OF:
Name: | District/Address: | Date Added: |
Garrett J. Bradley | 3rd Plymouth | 1/15/2015 |
HOUSE DOCKET, NO. 2112 FILED ON: 1/15/2015
HOUSE . . . . . . . . . . . . . . . No. 1186
By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 1186) of Garrett J. Bradley relative to probate court jurisdiction regarding abuse prevention orders affecting minors. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1221 OF 2013-2014.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Eighty-Ninth General Court
(2015-2016)
_______________
An Act relative to exclusive probate court jurisdiction regarding abuse prevention orders affecting minors.
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. Section 2 of chapter 209A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “residence”, in line 4, the following words:- ; provided, however, that in any proceeding under this chapter, if the person suffering from abuse resides in a household containing a household member who is a minor child, the probate and family court having venue over the plaintiff’s residence shall have exclusive jurisdiction to hear the proceeding; provided, further, that exclusive jurisdiction shall not apply if the plaintiff has alleged a substantial likelihood of immediate danger of abuse.
SECTION 2. Section 4 of said chapter 209A, as so appearing, is hereby amended by inserting after the word “three”, in line 3, the following words:- ; provided, however, that in any proceeding under this chapter, if the person suffering from abuse resides in a household containing a household member who is a minor child, the probate and family court having venue over the plaintiff’s residence shall have exclusive jurisdiction to hear the proceeding; provided, further, that exclusive jurisdiction shall not apply if the plaintiff has alleged a substantial likelihood of immediate danger of abuse.