Any Liar Can Get an Order by Merely Asserting Fear: Why Chapter 209A Must Be Revamped to Protect against the Issuance of Unnecessary Abuse Prevention Orders
![handle is hein.journals/newlr47 and id is 451 raw text is: Any liar can get an order by merely
asserting fear: Why Chapter 209A Must
Be Revamped to Protect Against the
Issuance of Unnecessary Abuse
Prevention Orders
BRITTANY PIERCE*'
ABSTRACT
Chapter 209A of the Massachusetts General Laws defines abuse
broadly, giving judges wide discretion in determining whether to grant an
abuse prevention order. As a result, judges have issued such orders
generously, and many individuals are able to obtain abuse prevention
orders when they do not need them.
False allegations of abuse can result in a variety of negative
consequences for defendants, while plaintiffs who use false allegations to
obtain the unnecessary orders may receive multiple benefits. This often
provides plaintiffs with an incentive to obtain unnecessary abuse
prevention orders.
To combat abuse of this process, the state legislature should rewrite
Chapter 209A's definition of abuse with an eye toward specificity. In
particular, Massachusetts should require that the defendant's actions meet
the definitions of specific crimes set out in the Massachusetts General Laws
before a court issues an abuse prevention order. Additionally, the state
legislature should empower courts to impose a penalty on individuals who
falsely allege abuse. These changes will avert the issuance of unnecessary
abuse prevention orders and the resultant destruction to defendants' lives.
Candidate for Juris Doctor, New England Law I Boston (2013). B.A., Psychology, magna
cum laude, Elon University (2010). I would like to thank my family, friends, and the New
England Law Review staff for their support throughout the writing process.
I Gregory Hession, Fighting False Restraining Orders, MASSOUTRAGE,
http://www.massoutrage.com/ma/restraining-order-resources/fighting-false-restraining-
orders/ (last updated Jan. 2, 2012).
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