Domestic Violence Exchange: Restraining order options, support available for survivors of domestic violences By Lori Berkey, Contributing Writer 06/10/2005

Region - Kathy Cavaretta, a safe plan advocate employed by the domestic violence support service agency New Hope, spends her week seated at Westborough District Court aiding victims of domestic violence. Cavaretta accompanies victims through the process of obtaining a 209A (restraining order), explaining to them the criteria for getting one, how the orders can protect them, and what the limitations are. She discusses alternative options, provides resources and referrals for those who aren't ready or don't qualify for a restraining order, and provides in-person court support for those who do. She provides detailed information to survivors about how they can plan for and take charge of their own safety. Cavaretta's services are one of a large system of domestic violence support services in the region that offer assistance around restraining orders, safe planning and other interventions.

Restraining order considerations
   According to Cavaretta, when survivors of domestic violence try to leave a relationship, they are statistically at an increased risk of harm because they are challenging the abusers' control. Therefore, she recommends that victims set up a safety plan for themselves when they are considering separation or are anticipating being in danger. Cavaretta's safety plan assistance includes strategies for the safety of children and how survivors can obtain shelter and other necessities. Numerous resources on the accompanying list also provide related direction.
   Chris Biron, clinical director at Shrewsbury Youth and Family Services, agreed with Cavaretta.
   "Safe planning is extremely important," she said. 
   Biron added that while safety planning is important, many people are at a stage where they are wondering whether or not their relationship is abusive.
   "Sometimes they [people being victimized] even think they're to blame," Biron said.
   She recommends that people in this situation discuss their concerns with a trained counselor to sort out their issues and obtain direction in accessing the many support resources that are available for emergency, short- and long-term help. Working with a counselor can be helpful whether or not people are confident as to whether the relationship is abusive, she said.
   Restraining orders, Cavaretta said, can provide protections on a number of levels. Even if someone has not been physically attacked, but has been threatened and is in fear of being harmed, a restraining order can be requested. Understanding the parameters of the orders is important.

Criteria for obtaining a restraining order
   According to Cavaretta, those filing for a restraining order must meet the following criteria for the order to be granted: the relationship with the other party must be either a substantive dating relationship, a family member by blood or marriage, or a household member. Additionally, the other party must have either attempted physical harm upon the plaintiff, have done physical harm, put the plaintiff in fear of serious physical harm, or forced sex upon the plaintiff.

Process of filing an a restraining order
   According to Cavaretta, retraining orders can be filed on an emergency basis outside of court hours through any local police department, with those being granted being temporary until the next court business day. During court hours, Cavaretta said residents of Northborough, Southborough, Westborough and Shrewsbury can walk into Westborough District Court where they will be directed to the civil clerk's office. Residents of Marlborough and Hudson can access information regarding restraining orders on the police department Web sites (provided on accompanying resource list) in their town or by contacting other domestic violence support agencies who can direct them. Free Internet access is available at most public libraries. 
   When residents appear in Westborough District Court for a restraining order at the civil clerk's office, Cavaretta is routinely called to escort the petitioner to her office, where she assists victims in understanding their options. She explains what petitioners can request the restraining order to protect them from, helps file the paperwork and discusses alternatives. Once paperwork is completed, Cavaretta accompanies the victim to present the case in front of the judge. A decision is made the same day, typically within a few hours, Cavaretta said.
   "An advocate is there at court," Cavaretta said, "to help empower the person who's come in to make their own decision and to feel good about that decision and feel as secure as possible about their decision."
   If the restraining order is issued, it is in effect for 10 days. Another hearing is scheduled after the 10-day period, which could result in the order being extended up to one year. As the defendant may appear in court at that time, Cavaretta stresses the need for safety planning for that time as well. She also recommends that victims seek legal services during that time frame to prepare for the next court date. (See resource list for legal assistance information).

What restraining orders can protect from
   According to Cavaretta, those filing for protective orders can specify what protections they would like the order to include. Cavaretta said the following can be requested: that the defendant not abuse, threaten or put the other person in fear of being harmed; that the defendant can have no contact with the plaintiff either in person, in writing or through a third party; that the defendant stay away from the plaintiff's primary residence - even if that is also the defendant's residence; that the defendant cannot arrange a shut-off of electricity or other utilities in the residence; that if the plaintiff flees to a new residence, the defendant cannot go within a certain yardage; that the defendant stay a certain yardage from the plaintiff's workplace; that the defendant pay for expenses incurred as a result of actions, such as the need for locks to be changed or other expenses; that the defendant pay temporary financial support to the plaintiff, including for a child involved; that the plaintiff be given custody of minor children; that the defendant stay away from minor children; that the defendant stay within a certain yardage of a child's day care or another blank area where the plaintiff frequents such as a relative's house; that if the defendant needs to pick up belongings from a residence where the plaintiff lives that that be arranged under the accompaniment of a police officer at a time convenient to the plaintiff.
   Cavaretta said the defendant can be arrested for violating any of the conditions granted by the restraining order. Both Cavaretta and Biron encourage people in domestic violence situation to access the numerous resources available to them.

Resource list

Hotlines/Help lines
Daybreak (resources for women and children): (508) 755-9030
New Hope: 1-(800) 323-HOPE (4673)
Rape Crisis: 1-(800) 870-5905
ADVISE (Against Domestic Violence in Shrewsbury Education Project): (508) 842-0056
WAVES (Westborough Abuse and Violence Education and Support): (508) 770-8555
Wayside Trauma Intervention Services 24-hour hotline: 1-(800) 511-5070
Voices Against Violence (Framingham): (800) 593-1125, TTY (508) 626-8686
The National Domestic Violence Hotline: 1-(800) 799-SAFE. 

Shelters
New Hope: 1-(800) 323-HOPE (4673)
Daybreak (resources for women and children): (508) 755-9030
Abby's House: (508) 756-5486

Counseling and Referrals
Marlborough Community Services (advocacy and referral): (508) 481-4080
Shrewsbury Youth and Family Services: (508) 845-6932
Westborough Youth and Family Services: (508) 366 -3090
Southborough Youth and Family Services: (508) 481-5676
Northborough Family and Youth Services: (508) 393-5020

Legal Help
Legal Assistance Corporation of Central Massachusetts: (508) 752-3718, TTY (508) 775-3260

Related Web sites:
Marlborough Police Department: www.marlborough-ma.gov/Gen/MarlboroughMA_PoliceDept/index
Hudson Police Department: www.hudsonpd.org/index.htm
   This column is made possible through a partnership with Shrewsbury Youth and Family Services (SYFS) and Against Domestic Violence In Shrewsbury Education Project (ADVISE). Special acknowledgements go to Chris Biron, MA, LMHC, clinical director at SYFS and Janet Trippi, cochair of ADVISE, for sharing their expertise and for their assistance in coordinating input from other community resources.es.* back *