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47 New Eng. L. Rev. 427 (2012-2013)
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). 427

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