domestic violence

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Housing Rights of Domestic Violence Survivors: A State and Local Law Compendium

National Housing Law Project
From the introduction to the compendium: The following is a compendium of state and local laws, enacted as of September 2023, that affect the housing rights of domestic violence and sexual assault survivors. This compendium is designed to serve as a starting point for advocates conducting…

Coerced Debt - Presentation for Community Providers

On September 29, 2021, the Massachusetts Access to Justice Commission sponsored a presentation for community advocates in Massachusetts about dealing with debt resulting from intimidation, bullying, and domestic violence - also known as coerced debt. Kristen Bor-Zale, Equal Justice Works fellow…

In the Matter of AD, FH# 20191167

Sophia Cho
Reversed - DCF did not have reasonable cause to support allegations of neglect where (1) Appellant mother was found not guilty of assault and battery on a household member charge; (2) there was conflicting/insufficient evidence to support that Appellant assaulted her child's father while he was…

In the Matter of MB, FH# 20191377

Laureen Decas
Affirmed - DCF did have reasonable cause to support a finding of neglect by Appellant father as a result of a physical altercation between Appellant and the child's mother, given that the child witnessed the altercation--including Appellant allegedly grabbing the mother by the throat to restrain…

In the Matter of CB, FH# 20190583

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding for neglect against Appellant boyfriend of mother after Appellant caused physical harm to mother, hitting her in the head with a cellphone, while the child was in the home. Even though the child did not witness the event, a reasonable person…

In the Matter of RH, FH# 20191276

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant provided substantial evidence to prove the children's mother had fabricated similar allegations in the past to regain legal and physical custody of them; 2) the children were…

In the Matter of EC, FH# 20190970

Frances I. Wheat, MPA
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) the decision to support was made largely relying on statements from Appellant's ex-wife (and child's mother) and her therapist; 2) there is an ongoing case in Family and Probate Court, which…

In the Matter of NK, FH# 20191059

Lisa Anne Henshall
Reversed - DCF did not have sufficient evidence to support a finding of neglect against Appellant mother after father reported Appellant for domestic violence when 1) the evidence is conflicting and unclear; 2) Appellant alleges she was the victim of domestic violence, not the perpetrator; 3) the…

Virtual Q and A for Massachusetts Community Advocates on Protective Orders and Family Law Questions During Covid Pandemic

various
On May 27, 2020, the Massachusetts Access to Justice Commission sponsored a virtual question and answer session for community advocates in Massachusetts about protective orders, family law questions, and accessing Massachusetts courts for protective orders and family law help during the COVID-19…

In the Matter of AF, FH# 2017-0974

Maura E. Bradford
Reversed - DCF did not have reasonable cause to make a finding of neglect against Appellant aunt/foster mother, as the report and response were largely a result of one incident between Appellant and her boyfriend that occurred while the child was home with a babysitter. DCF had the option to…

Letter re: Co-Parenting During COVID-19

Chief Justice Casey
This letter from Chief Justice Casey of the Probate and Family Court provides information about co-parenting during COVID-19.  It reads in part: Parenting orders are not stayed during this period of time. In fact, it is important that children spend time with both of their parents…

Boston Housing Authority v. Y.A., 482 Mass. 240 (2019): SJC Clarifies VAWA Defenses in Eviction Cases

Julia Devanthery, Dan Daley, and Lisabeth Jorgensen
A discussion of Boston Housing Authority v. Y.A., which included guidance from the Supreme Judicial Court on the application of VAWA protections in summary process cases, including holding that a tenant may raise a VAWA defense to eviction at any time during an eviction proceeding, 

Summary of bill extending certain housing rights protections to victims of domestic violence, rape, sexual assault and stalking

Boston Area Rape Crisis Center, Greater Boston Legal Services, Jane Doe Inc. and Victim Rights Law Center
On January 3, 2013 Governor Deval Patrick signed a bill extending certain housing rights and protections to victims of domestic violence, rape, sexual assault and stalking (Chapter 402 of the Acts of 2012), which amends G.L. c. 186 to add seven new sections (G.L. c. 186, §§…

In the Matter of AS & PS, FH# 2017-1387

Carmen Temme
Reversed - DCF did not have reasonable cause to support a finding of neglect. The evidence was sufficient to determine that the Appellant parent's actions resulted in failure to provide minimally adequate medical care. However, DCF did not show that the Appellants posed a substantial risk to the…

In the Matter of LM, FH# 2017-1394

Carmen Temme
Reversed - Although DCF had reasonable cause to support a finding of neglect due to "relationship discord," there was no evidence that the Appellant father placed the children in immediate danger or posed risk to their safety whereDCF's decision-making lacked corroboration and detail and mother…

In the Matter of MP, FH# 2017-0999

Lisa Anne Henshall
Affirmed - DCF had a reasonable cause to support a finding of neglect because two of the subject children (aged 3 and 5) disclosed witnessing Appellant father yell and hit their mother. The children's mother made and later retracted a statement about the Appellant hitting her. DCF had reasonable…

In the Matter of MS, FH# 2017-1202

Antonia Chronis, Esq.
Reversed - DCF did not have a reasonable cause to support a finding of physical abuse because there was insufficient evidence that Appellant mother pushing her child into a room caused her child to sustain physical injury. Appellant pushed the child after a struggle over the child's backpack…

In the Matter of JH, FH# 2018-0444

Ann L. Dale Nialetz
Affirmed - The Department found neglect when the caretaker: (1) exposed children to a highly hostile home environment by verbally, emotionally, and physically abusing child and mother;(2) cursed at mother and called her bad names in front of children;(3) hit, slapped, spanked, and pinched the…

In the Matter of JH, FH# 2018-0444

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect where the Appellant Father: (1) exposed children to a highly hostile home environment by verbally, emotionally, and physically abusing child and mother; (2) cursed at mother and called her bad names in front of children; (3) hit, slapped, spanked,…

In the Matter of WG, FH# 2018-0186

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a 51B finding of neglect where the Appellant Father assaulted the child's mother in close proximity to their child, in combination with a failure to provide adequate emotional stability and growth, physical safety, and other essential care for their…

In the Matter of RH, FH# 2018-0121

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect where a young child witnessed domestic violence and expressed sadness. The Hearing Officer considered past domestic violence reports and substance use in determining whether there was reasonable cause for finding neglect.

In the Matter of WG, FH# 2018-0186

Anne L. Dale Nialetz
Affirmed - The Hearing Officer affirmed a supported 51B decision where the father assaulted his partner in close proximity to the child. The Officer found the father failed to provide adequate emotional stability and growth, physical safety, and other essential care for their child and that his…

In the Matter of RH, FH# 2018-0121

Laureen Decas
DCF has reasonable cause to find neglect where a young child witnesses domestic violence and expresses sadness. Here, domestic violence was found when one parent was yelling and throwing objects. Hearing officer will consider past domestic violence reports and substance abuse in determining whether…

In the Matter of HZ, FH# 2017-0338

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support the allegation of neglect where the Appellant was found to be the victim of domestic violence who took the appropriate steps to seek help when she was assaulted by the subject child's father. Additionally, the Appellant acknowledged that her…

In the Matter of SAV, FH# 2018-0010

Jorge F. Ferreira
Affirmed - An appealed case closure remained closed when (1) there had been multiple unsupported or screened out 51B decisions; (2) the appellant was not the primary custodian of the child; (3) the parents had refused DCF services; and (4) the appeal involved arguments based on family dynamics that…

In the Matter of SAV, FH# 2018-0010

Jorge F. Ferreira
Affirmed - DCF had a reasonable basis for case closure when (1) there had been multiple unsupported or screened-out 51B decisions; (2) the Appellant was not the primary custodian of the child; (3) the parents had refused DCF services; and (4) the appeal involved arguments based on family dynamics…

In the Matter of JE, FH# 2017-1368

Jorge F. Ferreira
Affirmed - DCF had a reasonable basis for closing Appellant's case and terminating services where Appellant was not compliant with his service plan tasks, whereas there was substantial evidence showing that the biological mother of the Appellant's child was abiding by her service plan, engaged in…

In the Matter of K-W.J., FH# 2018-0033

Linda A. Horvath
Affirmed - DCF had reasonable cause to terminate services when the Appellant was found not to have submitted 51A reports that allegedly supported continuation of services for his child in the mother’s home.

In the Matter of JS, FH# 2018-0018

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect when (1) a 9-year-old child witnessed physical violence between their parents; (2) the Appellant Father had a history of anger and grief-related issues; (3) the Appellant Father had been physically violent towards the child; and (4) both parents…

In the Matter of MR, FH# 2017-0408

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a 51B decision when Appellant allowed a child to visit her their mother and, unbeknownst to Appellant, that visit resulted in physical abuse of the child by another person.

In the Matter of LD, FH# 2017-0217

David Halloran
Affirmed for one child, reversed for the second child - The Hearing Officer affirmed the 51B supported decision in regards to one child and reversed in regards to the other child. A hearing officer can affirm a 51B decision finding neglect when (1) parents are going through a contentious divorce;…

In the Matter of LD, FH# 2017-0217

David Halloran
Affirmed in part and reversed in part - DCF had reasonable evidence to find neglect when (1) parents were going through a contentious divorce; (2) the child witnessed fighting between the parents; (3) the Appellant Father was vulgar towards the other parent; and (4) the child reported feeling scared…

In the Matter of VJ, FH# 2017-1385

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect for the children's Appellant mother. There was insufficient evidence that the children's mother met the department's definition of neglect. While the children did engage in rough playfighting with their stepfather, which…

In the Matter of Mr. JV, FH# 2017-0397

Lisa Anne Henshall
Affirmed - DCF had sufficient evidence to find neglect where there was evidence of domestic violence in the presence of the child. Reported incident occurred when child walked in on Appellant Father physically assaulting mother. Child also demonstrated behaviors of hitting at his daycare that…

In the Matter of MS, FH# 2017-1241

Carmen Temme
Affirmed in part and reversed in part - DCF had reasonable cause to support a finding of neglect but not sexual abuse. The Department had a history of involvement with both the Appellant father and the child's mother, both of whom had been cited for domestic violence. However, in this particular…

In the Matter of YS, FH# 2017-0062

Nicholas Holahan
Reversed - DCF did not have reasonable cause to believe that the child had been neglected when (1) there was an argument between Appellant Father, child’s mother, and child’s nurse at the home; (2) police were called; (3) the incident created a commotion that might have upset the infant child with…

In the Matter of EK, FH# 2018-0126

Maura E. Bradford
Reversed - DCF did not have a reasonable basis to believe that Appellant was liable for neglect on account of the Appellant not being a caretaker when (1) the Appellant did not live with the parent and children; (2) the Appellant and parent were only in a dating relationship; and (3) the Appellant…

In the Matter of MF & VM, FH# 2017-1329

Jorge F. Ferreira
Affirmed - The Department's had reasonable cause to support a finding of neglect because 1) there was sufficient evidence an emotional impact on the children of fear of Appellants physically disciplining them 2) the Appellants minimized sexual abuse of a child 3) the Appellants had poor judgement…

In the Matter of ER, FH# 2017-1193

Nicholas Holahan
Reversed - DCF did not have a reasonable cause to support a finding of neglect because allegations that Appellant mother was intoxicated in front of her children and exposed her children to violence were not corroborated or verified. The Appellant asserted that the anonymous 51A report was filed by…

In the Matter of EB, FH# 2017-1248

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect. Appellant mother had a single incident of domestic abuse with her partner in front of her children. However, the DCF determination, that because of the fight the Appellant failed to provide minimally adequate emotional…

In the Matter of RT, FH# 2017-1356

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect because (1) there was a lack of credible evidence as to the child's location during the parents' physical altercation (2) the hearing officer was unable to conclude if the Appellant's actions of engaging in a physical…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat
Reversed - The Hearing Officer found that there was insufficient evidence to affirm the supported 51B decision for physical abuse; the decision was reversed. The alleged physical abuse was the result of physical discipline in which the appellant hit his son on his buttocks with a belt, over his…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat, MPA
Reversed - DCF had insufficient evidence to support a 51A report of physical abuse when the Appellant hit his son on his buttocks with a belt, over his clothes, as physical discipline. The Appellant talked with his son before and after the physical punishment and the child reported that the…

In the Matter of CD, FH# 2018-0110

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to believe the child was neglected where (1) Appellant was not involved in the child being left home alone, (2) the child’s daycare had no protective concerns outside of isolated incidents where the parents were late to picking up the child, and (3) the…

In the Matter of CD, FH# 2018-0110

Anne L. Dale Nialetz
DCF did not have reasonable cause to believe the child was neglected where the appellant was not involved in the child being left home alone, the child’s daycare had no protective concerns outside of isolated incidents where the parents were late to picking up the child, and the four police…

In the Matter of NB, FH# 2017-0960

Linda A. Horvath
Affirmed - DCF had a reasonable cause to support a finding of neglect because the children (aged 8 and 11) reported witnessing physical confrontations between Appellant father and their mother. Appellant had stopped taking psychiatric medications and was criminally charged for assault of the…

In the Matter of LF, FH# 2017-0314

Laureen Decas
Reversed - DCF did not have reasonable cause to support allegations of neglect where: (1) children had been exposed to Appellant’s arguments with the father but there was no evidence of emotional impact on them; and (2) Appellant panicked and called police over a verbal argument due to past…

In the Matter of WL & CL, FH# 2017-0245

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a 51A report of neglect and physical abuse when the child disclosed physical abuse arising from play-fighting, her Appellant Father’s alcohol use, and the question of her Appellant Mother’s mental health; the disclosures lacked corroboration…

In the Matter of KZ, FH# 2017-1212

Laureen Decas
Affirmed - DCF had reasonable cause to make a finding of neglect and abuse where the Appellant mother (1) had a history of alleged abuse and escalating violent situations which routinely occurred in the home (2) police were called and the Appellant was determined to be the aggressor of an assault &…

In the Matter of WW, FH# 2017-0608

Laureen Decas
Affirmed - DCF had a reasonable cause to support a finding of neglect because evidence supported that verbal and physical fighting was ongoing between the Appellant father and his wife while their ten-month old child was present. Appellant and his wife had a history of domestic violence. By exposing…