Thanks to the hard work of Essex District Attorney Jonathan W. Blodgett and the leadership in the Massachusetts House and Senate, we finally have a law that will allow for increased penalties for domestic violence abusers. On January 16, 2009, the legislature passed M.G.L. c. 265 § 13M which provides for a sentence of up to 5 years in state prison for offenders convicted of second or subsequent offenses of assault or assault and battery on family or household members.  This is an extremely valuable tool for police and prosecutors in the quest to keep victims safe in their communities and hold offenders accountable for their behaviors. It is something that has been in the works for quite some time, and a necessary law for us all as we work towards ending domestic violence in our communities.

For a full reading of the law, you can go to M.G.L. Chapter 534 of the Acts of 2008.

 

In America 75% Rates At Which Batterers Get Custody Of The Children

 

This is an article by Joan Meier, Esq. which supports the statistic we have all believed for so long, which is that 2/3 of accused batterers who fight for custody of their children are more likely to win!  I have included some excerpts from her article as well as the link to the site for it. Thought it may be helpful for many of you for citation purposes, especially in your grant writing!

 

 

Multiple studies have documented gender bias against women in custody litigation.

Contrary to the conventional wisdom that women are favored in custody litigation, both the experiences of battered women and the empirical research are showing that women who allege abuse are deeply disfavored in custody courts.

The Massachusetts Supreme Judicial Court Gender Bias Task Force was one of the first states to document the gender bias against women in family courts. This court-initiated study expressly found that "our research contradicted [the] perception" that "there is a bias in favor of women in these decisions." Moreover, it found that "in determining custody and visitation, many judges and family service officers do not consider violence toward women relevant." The Court's study further found that "the courts are demanding more of mothers than fathers in custody disputes" and that "many courts put the needs of noncustodial fathers above those of custodial mothers and children."
- Gender Bias Study of the Court System in Massachusetts, 24 New Eng.L.Rev. 745, 747, 825, 846 (1990)
More recently, and since the evolution and widespread adoption of "parental alienation syndrome," a multi-year, four-phase study using qualitative and quantitative social science research methodologies by the Wellesley Centers for Women found "a consistent pattern of human rights abuses" by family courts, including failure to protect battered women and children from abuse, discriminating against and inflicting degrading treatment on battered women, and denying battered women due process. Histories of abuse of mother and children were routinely ignored or discounted.
- Wellesley Centers for Women Battered Mothers' Testimony Project, Battered Mothers Speak Out: A Human Rights Report on Domestic Violence and Child Custody in the Massachusetts Family Courts (Nov. 2002) (hereafter "BMTP"), Executive Summary at 2.

 

Joan Meier, Research Indicating that the majority of cases that go to court as 'high conflict' contested custody cases have a history of domestic violence (Nov. 9, 2005).  Click HERE for link to full article

 

New Child Support Guidelines in Effect, January 1, 2009

Click here for link to new guidelines and

worksheet