HOUSE DOCKET, NO. 2263        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2311

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_________________

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 obtaining relief from abuse and harassment.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kay Khan

11th Middlesex

1/19/2017

Harriette L. Chandler

First Worcester

1/31/2017

Mike Connolly

26th Middlesex

2/1/2017

Marjorie C. Decker

25th Middlesex

2/3/2017

Michelle M. DuBois

10th Plymouth

1/21/2017

Paul R. Heroux

2nd Bristol

1/30/2017

Mary S. Keefe

15th Worcester

2/2/2017

Aaron Michlewitz

3rd Suffolk

2/3/2017

Chris Walsh

6th Middlesex

2/2/2017


HOUSE DOCKET, NO. 2263        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2311

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 2311) of Kay Khan and others relative to the age of majority for certain court proceedings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to obtaining relief from abuse and harassment.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 231 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 85P and inserting in place thereof the following section:-

   Section 85P. (a) Except as otherwise specifically provided by law, any person domiciled in the commonwealth who has reached the age of 18 shall for all purposes, and any other person who has reached the age of 18 shall with respect to any transaction governed by the law of the commonwealth, be deemed of full legal capacity unless legally incapacitated for some reason other than insufficient age.

(b) Notwithstanding subsection (a), a minor 13 years of age or older may appear in a court of competent jurisdiction without a parent, guardian, next friend, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for any of the following:

(i) an order pursuant to chapter 209A;

(ii) an order pursuant to chapter 258E.

(c) If a minor at least 13 years of age seeks relief in a matter under subsection (b) and is not accompanied by a parent, guardian, custodian, other appropriate adult, or represented by an attorney, the minor shall be informed that the minor has a right to appointed counsel and the court shall appoint an attorney to represent the minor. Appointment of counsel shall be made through the Committee for Public Counsel Services.  

(d) Subsection (b) shall not prevent a parent, guardian, custodian, or other appropriate adult to file or oppose a request for relief in a matter under subsection (b) on behalf of a minor of any age.  In matters falling under subsection (b) in which a parent, guardian, custodian or other appropriate adult has sought relief on behalf of a minor plaintiff 13 years of age or older, the court shall consider the expressed wishes of the minor plaintiff in deciding whether to grant relief pursuant to subsection (b) and in determining the contents of such an order.