Budget Amendment ID: FY2013-S4-89-R1

Redraft JUD 89

Domestic Violence and Animals

Ms. Clark moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting after section 90 the following section:-

“SECTION 90A. Chapter 209A of the General Laws is hereby amended by adding the following section:-

Section 11.  (a) Whenever the court  issues a temporary or permanent vacate, stay away, restraining or no contact order or a judgment under section 18, 34B or 34C of chapter 208; section 32 of chapter 209; section 3, 4 or 5; section 15 or 20 of chapter 209C; or section 3, 4, 5, 6 or 7 of chapter 258E; or a temporary restraining order or a preliminary or permanent injunction relative to a domestic relations, child custody, domestic abuse or abuse prevention proceeding, the court may order the possession, care and control of any domesticated animal owned, possessed, leased, kept or held by either party or by a minor child residing in the household to the plaintiff or petitioner. The court may order the defendant to refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming or otherwise disposing of such animal.

(b) A party to any of the proceedings listed in subsection (a) may petition the court for an order authorized by subsection (a).

(c) Whenever the court issues a warrant for a violation of a temporary or permanent vacate, stay away, restraining or no contact order or of a judgment issued under section 18, 34B or 34C of chapter 208; section 32 of chapter 209; section 3, 4 or 5; section 15 or 20 of chapter 209C; or section 3, 4, 5, 6 or 7 of chapter 258E, or otherwise becomes aware that an outstanding warrant for such a violation has been issued against a person before the court, the judge may make a finding, based upon the totality of the circumstances, as to whether there exists an imminent threat of bodily injury to any party to such judgment or the petitioner of any such protective order, a member of the petitioner’s family or household or to a domesticated animal belonging to such petitioner or to a member of the petitioner’s family or household. If the court makes a finding that such an imminent threat of bodily injury to a person or  domesticated animal exists, the court shall notify the appropriate law enforcement officials of such finding and such law enforcement officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.”; and

by inserting after section 155 the following section:-

“SECTION 155A.  The court administrator  shall amend the relevant complaint forms for chapters 208, 209A, 209C and 258E of the General Laws, or prescribe a new form, to incorporate a petition for an order under section 11 of chapter 209A of the General Laws, which shall be in such form and language to permit a plaintiff to prepare and file such complaint pro se.”