THE BASEMENT OPENING TO 1 CANAL ST IN WARE, OFFICE THAT WILL SERVE THE RESIDENTIAL 3 FLOORS ABOVE WITH 3 BEDROOMS AND LIVE-IN SUPERVISOR/HELPER

SHELTER
back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=7548>§ 24. Termination of rental agreement or tenancy by victim of domestic violence, rape, sexual assault or stalking
(a)        A tenant or co-tenant may terminate a rental agreement or tenancy and quit the premises upon written notification to the owner that a member of the household is a victim of domestic violence, rape, sexual assault or stalking, if such notification is made within 3 months of the most recent act of domestic violence, rape, sexual assault or stalking; or if a member of a tenant's household is reasonably in fear of imminent serious physical harm from domestic violence, rape, sexual assault or stalking. An owner shall have the right to request proof of the status as a victim of domestic violence, rape, sexual assault or stalking, including the name of the perpetrator, if known, as provided in subsection (e).(b) Within 3 months of written notification to the owner to terminate a rental agreement or tenancy under subsection (a), a tenant, co-tenant or any household member who is not the perpetrator of the domestic violence, rape, sexual assault or stalking shall quit the premises. If the tenant or co-tenant fails to quit the premises within 3 months, the notice to terminate the rental agreement or tenancy shall be void.(c) A tenant or co-tenant to whom this section applies shall be discharged from liability for rent or use and occupancy for 30 days or 1 full rental period after the quitting date, whichever last occurs, to the extent that a rental agreement and applicable law may otherwise impose such liability beyond the quitting date. Such tenant or co-tenant shall be entitled to a refund of any prepaid rent for any period thereafter. The tenant or co-tenant shall receive a full and specific statement of the basis for retaining any of the security deposit together with any refund due in compliance with section 15B within 30 days of the conclusion of the tenancy and the delivery of full possession of the leased premises by all occupants to the landlord.(d) No other tenant or co-tenant who is a party to the rental agreement shall be released from such tenant's or co-tenant's obligations under the rental agreement or other obligations under this chapter. If the tenant or co-tenant to whom this section applies vacates but leaves belongings, such belongings shall be deemed abandoned and may be disposed of under applicable law, unless the tenant or co-tenant indicates in writing the responsibility for such belongings and the action to be taken with respect to such belongings. If the tenant or co-tenant to whom this section applies vacates, but another person remains in the premises other than another tenant or co-tenant, nothing in this section shall affect the owner's rights and obligations with regard to such remaining person. A landlord who in good faith initiates an action against a remaining tenant, co-tenant or household member, or a housing subsidy provider who terminates or denies a rental subsidy to a remaining tenant, co-tenant or household member, or takes any other action under this section, shall not be subject to a claim of retaliation or any other claim under this chapter.(e) If relief is sought because of recent or ongoing domestic violence, rape, sexual assault or stalking, an owner may request that proof be provided to show that a protective order or third-party verification is in effect or was obtained within the prior 3 months, or a tenant or co-tenant is reasonably in fear of imminent serious physical harm. Proof of status as a victim of domestic violence, rape, sexual assault or stalking shall be satisfied by production of any 1 of the following documents:(1) a copy of a valid protection order under chapter 209A or 258E obtained by the tenant, co-tenant or member of the household;(2) a record from a federal, state or local court or law enforcement of an act of domestic violence, rape, sexual assault or stalking and the name of the perpetrator if known; or(3) a written verification from any other qualified third party to whom the tenant, co-tenant or member of the tenant or co-tenant's household reported the domestic violence, rape, sexual assault or stalking; provided, however, that the verification shall include the name of the organization, agency, clinic or professional service provider and include the date of the domestic violence, rape, sexual assault or stalking, and the name of the perpetrator if known; and provided, further, that any adult victim who has the capacity to do so shall provide a statement, under the penalty of perjury, that the incident described in such verification is true and correct.(f) An owner or housing subsidy provider who obtains written proof of status as a victim of domestic violence, rape, sexual assault or stalking shall keep such documentation and the information contained in the documentation confidential, and shall not provide or allow access to such documentation in any way to any other person or agency, unless the victim provides written authorization for the release of such information or unless required by court order, government regulation or governmental audit requirements.
(c)        back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=7550>§ 26. Change of locks upon request of tenant, co-tenant or household member believed to be under imminent threat of domestic violence, rape, sexual assault or stalking
(d)        (a) For purposes of this section, the term "household member" shall mean a person residing with the tenant or co-tenant as an authorized occupant of the premises, and who is 18 years of age or older or an emancipated minor.(b) An owner shall, upon the request of a tenant, co-tenant or a household member, change the locks of the individual dwelling unit in which the tenant, co-tenant or household member lives if the tenant, co-tenant or household member reasonably believes that the tenant, co-tenant or household member is under an imminent threat of domestic violence, rape, sexual assault or stalking at the premises. An owner shall have the right to request, in good faith, proof of the status as a victim of domestic violence, rape, sexual assault or stalking, including the name of the perpetrator, if known, as provided in subsection (e) of section 24.(c) If the threat of domestic violence, rape, sexual assault or stalking is posed by a person who is a tenant, co-tenant or household member, the owner may change the locks and deny a key to the alleged perpetrator upon receipt of a request to change the locks; provided, however, that such request shall be accompanied by: (i) a copy of a valid protective order issued under chapter 209A or chapter 258E issued against a tenant, co-tenant or household member; or (ii) a record from a federal, state or local court or law enforcement, indicating that a tenant, co-tenant or household member thereof poses an imminent threat of domestic violence, rape, sexual assault or stalking.(d) An owner who has received notice of a request for change of locks under this section shall, within 2 business days, make a good faith effort to change the locks or give the tenant, co-tenant or household member permission to change the locks. If the owner changes the locks, the owner shall make a good faith effort to give a key to the new locks to the tenant, co-tenant or household member requesting the lock change as soon as possible, but within the same 2 business day period. An owner may charge a fee for the expense of changing the locks. The fee shall not exceed the reasonable price customarily charged for changing such locks in that community.(e) If an owner fails to change the locks after receipt of a request under this section within 2 business days, the tenant, co-tenant or household member may change the locks without the owner's permission. If the rental agreement requires that the owner retain a key to the leased residential premises and if a tenant, co-tenant or household member changes the locks, the tenant, co-tenant or household member shall make a good faith effort to provide a key to the new locks to the owner within 2 business days of the locks being changed. If a tenant, co-tenant or household member changes the locks without the owner's permission, such person shall change the locks in a workmanlike manner with locks of similar or better quality than the original locks. An owner may replace a lock installed by the tenant, co-tenant or household member, or seek reimbursement for additional costs incurred, if the owner believes that the locks were not of equal or better quality or were not installed properly, and such action shall be deemed not to be in retaliation.(f) If the locks are changed under this section, a tenant, co-tenant or household member shall not voluntarily give the new key to the perpetrator. An owner who refuses to provide a key to any person based on the reasonable belief that such person is the perpetrator of alleged domestic violence, rape, sexual assault or stalking, shall not be liable for such refusal.(g) An owner who takes action to prevent the tenant, co-tenant or household member who has complied with subsection (b) from changing the locks, or any owner who changes the locks but fails to make a good faith effort to provide a key to the tenant, co-tenant or household member requesting the lock change as provided in subsection (d), shall be liable for actual and consequential damages or 3 months' rent, whichever is greater, and the costs of the action, including reasonable attorneys' fees, all of which may be applied in setoff or recoupment against any claim for rent owed or owing for use and occupancy. Damages shall not be imposed if the court determines that the owner acted in good faith.
(f)        back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=1610>§ 1. Definitions
(g)        As used in this chapter the following words shall have the following meanings:"Abuse'', the occurrence of one or more of the following acts between family or household members:(a) attempting to cause or causing physical harm;(b) placing another in fear of imminent serious physical harm;(c) causing another to engage involuntarily in sexual relations by force, threat or duress."Court'', the superior, probate and family, district or Boston municipal court departments of the trial court, except when the petitioner is in a dating relationship when ""Court'' shall mean district, probate, or Boston municipal courts."Family or household members'', persons who:(a) are or were married to one another;(b) are or were residing together in the same household;(c) are or were related by blood or marriage;(d) having a child in common regardless of whether they have ever married or lived together; or(e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors:(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship."Law officer'', any officer authorized to serve criminal process.""Protection order issued by another jurisdiction'', any injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or tribal court that is issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection."Vacate order'', court order to leave and remain away from a premises and surrendering forthwith any keys to said premises to the plaintiff. The defendant shall not damage any of the plaintiff's belongings or those of any other occupant and shall not shut off or cause to be shut off any utilities or mail delivery to the plaintiff. In the case where the premises designated in the vacate order is a residence, so long as the plaintiff is living at said residence, the defendant shall not interfere in any way with the plaintiff's right to possess such residence, except by order or judgment of a court of competent jurisdiction pursuant to appropriate civil eviction proceedings, a petition to partition real estate, or a proceeding to divide marital property. A vacate order may include in its scope a household, a multiple family dwelling and the plaintiff's workplace. When issuing an order to vacate the plaintiff's workplace, the presiding justice must consider whether the plaintiff and defendant work in the same location or for the same employer.
back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=1612>§ 2. Abuse prevention proceedings; venue
Proceedings under this chapter shall be filed, heard and determined in the superior court department or the Boston municipal court department or respective divisions of the probate and family or district court departments having venue over the plaintiff's residence. If the plaintiff has left a residence or household to avoid abuse, such plaintiff shall have the option of commencing an action in the court having venue over such prior residence or household, or in the court having venue over the present residence or household.

back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=1613>§ 3. Remedies; period of relief
A person suffering from abuse from an adult or minor family or household member may file a complaint in the court requesting protection from such abuse, including, but not limited to, the following orders:(a) ordering the defendant to refrain from abusing the plaintiff, whether the defendant is an adult or minor;(b) ordering the defendant to refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor;(c) ordering the defendant to vacate forthwith and remain away from the household, multiple family dwelling, and workplace. Notwithstanding the provisions of section thirty-four B of chapter two hundred and eight, an order to vacate shall be for a fixed period of time, not to exceed one year, at the expiration of which time the court may extend any such order upon motion of the plaintiff, with notice to the defendant, for such additional time as it deems necessary to protect the plaintiff from abuse;(d) awarding the plaintiff temporary custody of a minor child; provided, however, that in any case brought in the probate and family court a finding by such court by a preponderance of the evidence that a pattern or serious incident of abuse, as defined in section 31A of chapter 208, toward a parent or child has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent. Such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child. For the purposes of this section, an "abusive parent" shall mean a parent who has committed a pattern of abuse or a serious incident of abuse;For the purposes of this section, the issuance of an order or orders under chapter 209A shall not in and of itself constitute a pattern or serious incident of abuse; nor shall an order or orders entered ex parte under said chapter 209A be admissible to show whether a pattern or serious incident of abuse has in fact occurred; provided, however, that an order or orders entered ex parte under said chapter 209A may be admissible for other purposes as the court may determine, other than showing whether a pattern or serious incident of abuse has in fact occurred; provided further, that the underlying facts upon which an order or orders under said chapter 209A was based may also form the basis for a finding by the probate and family court that a pattern or serious incident of abuse has occurred.If the court finds that a pattern or serious incident of abuse has occurred and issues a temporary or permanent custody order, the court shall within 90 days enter written findings of fact as to the effects of the abuse on the child, which findings demonstrate that such order is in the furtherance of the child's best interests and provides for the safety and well-being of the child.If ordering visitation to the abusive parent, the court shall provide for the safety and well-being of the child and the safety of the abused parent. The court may consider:(a) ordering an exchange of the child to occur in a protected setting or in the presence of an appropriate third party;(b) ordering visitation supervised by an appropriate third party, visitation center or agency;(c) ordering the abusive parent to attend and complete, to the satisfaction of the court, a certified batterer's treatment program as a condition of visitation;(d) ordering the abusive parent to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding visitation;(e) ordering the abusive parent to pay the costs of supervised visitation;(f) prohibiting overnight visitation;(g) requiring a bond from the abusive parent for the return and safety of the child;(h) ordering an investigation or appointment of a guardian ad litem or attorney for the child; and(i) imposing any other condition that is deemed necessary to provide for the safety and well-being of the child and the safety of the abused parent.Nothing in this section shall be construed to affect the right of the parties to a hearing under the rules of domestic relations procedure or to affect the discretion of the probate and family court in the conduct of such hearing.(e) ordering the defendant to pay temporary support for the plaintiff or any child in the plaintiff's custody or both, when the defendant has a legal obligation to support such a person. In determining the amount to be paid, the court shall apply the standards established in the child support guidelines. Each judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section 12 of chapter 119A;(f) ordering the defendant to pay the person abused monetary compensation for the losses suffered as a direct result of such abuse. Compensatory losses shall include, but not be limited to, loss of earnings or support, costs for restoring utilities, out-of-pocket losses for injuries sustained, replacement costs for locks or personal property removed or destroyed, medical and moving expenses and reasonable attorney's fees;(g) ordering information in the case record to be impounded in accordance with court rule;(h) ordering the defendant to refrain from abusing or contacting the plaintiff's child, or child in plaintiff's care or custody, unless authorized by the court;(i) the judge may recommend to the defendant that the defendant attend a batterer's intervention program that is certified by the department of public health.No filing fee shall be charged for the filing of the complaint. Neither the plaintiff nor the plaintiff's attorney shall be charged for certified copies of any orders entered by the court, or any copies of the file reasonably required for future court action or as a result of the loss or destruction of plaintiff's copies.Any relief granted by the court shall be for a fixed period of time not to exceed one year. Every order shall on its face state the time and date the order is to expire and shall include the date and time that the matter will again be heard. If the plaintiff appears at the court at the date and time the order is to expire, the court shall determine whether or not to extend the order for any additional time reasonably necessary to protect the plaintiff or to enter a permanent order. When the expiration date stated on the order is on a weekend day or holiday, or a date when the court is closed to business, the order shall not expire until the next date that the court is open to business. The plaintiff may appear on such next court business day at the time designated by the order to request that the order be extended. The court may also extend the order upon motion of the plaintiff, for such additional time as it deems necessary to protect from abuse the plaintiff or any child in the plaintiff's care or custody. The fact that abuse has not occurred during the pendency of an order shall not, in itself, constitute sufficient ground for denying or failing to extend the order, of allowing an order to expire or be vacated, or for refusing to issue a new order.The court may modify its order at any subsequent time upon motion by either party. When the plaintiff's address is inaccessible to the defendant as provided in section 8 of this chapter and the defendant has filed a motion to modify the court's order, the court shall be responsible for notifying the plaintiff. In no event shall the court disclose any such inaccessible address.No order under this chapter shall in any manner affect title to real property.No court shall compel parties to mediate any aspect of their case. Although the court may refer the case to the family service office of the probation department or victim/witness advocates for information gathering purposes, the court shall not compel the parties to meet together in such information gathering sessions.A court shall not deny any complaint filed under this chapter solely because it was not filed within a particular time period after the last alleged incident of abuse.A court may issue a mutual restraining order or mutual no-contact order pursuant to any abuse prevention action only if the court has made specific written findings of fact. The court shall then provide a detailed order, sufficiently specific to apprise any law officer as to which party has violated the order, if the parties are in or appear to be in violation of the order.Any action commenced under the provisions of this chapter shall not preclude any other civil or criminal remedies. A party filing a complaint under this chapter shall be required to disclose any prior or pending actions involving the parties for divorce, annulment, paternity, custody or support, guardianship, separate support or legal separation, or abuse prevention.If there is a prior or pending custody support order from the probate and family court department of the trial court, an order issued in the superior, district or Boston municipal court departments of the trial court pursuant to this chapter may include any relief available pursuant to this chapter including orders for custody or support; provided, however, that upon issuing an order for custody or support, the superior, district or Boston municipal court shall provide a copy of the order to the probate and family court department of the trial court that issued the prior or pending custody or support order immediately; provided further, that such order for custody or support shall be for a fixed period of time, not to exceed 30 days; and provided further, that such order may be superseded by a subsequent custody or support order issued by the probate and family court department, which shall retain final jurisdiction over any custody or support order. This section shall not be interpreted to mean that superior, district or Boston municipal court judges are prohibited or discouraged from ordering all other necessary relief or issuing the custody and support provisions of orders pursuant to this chapter for the full duration permitted under subsection (c).If the parties to a proceeding under this chapter are parties in a subsequent proceeding in the probate and family court department for divorce, annulment, paternity, custody or support, guardianship or separate support, any custody or support order or judgment issued in the subsequent proceeding shall supersede any prior custody or support order under this chapter.

back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=6735>§ 5. Temporary orders
Upon the filing of a complaint under this chapter, the court may enter such temporary orders as it deems necessary to protect a plaintiff from harassment, including relief as provided in section 3. If the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, the court may enter such temporary relief orders without notice as it deems necessary to protect the plaintiff from harassment and shall immediately thereafter notify the defendant that the temporary orders have been issued. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by the plaintiff not later than 10 court business days after such orders are entered. Notice shall be made by the appropriate law enforcement agency as provided in section 9. If the defendant does not appear at such subsequent hearing, the temporary orders shall continue in effect without further order of the court.

back to top <http://www.womenslaw.org/statutes_detail.php?statute_id=6243>§ 13H. Indecent assault and battery on person fourteen or older; penalties
Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

(a)        PurposeThe purpose of this subchapter is to encourage States, Indian tribal governments, State and local courts (including juvenile courts), tribal courts, and units of local government to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law.(b) Grant authorityThe Attorney General may make grants to eligible States, Indian tribal governments [FN1] State, tribal, territorial, and local courts (including juvenile courts),, [FN2] or units of local government for the following purposes:(1) To implement proarrest programs and policies in police departments, including policies for protection order violations. (2) To develop policies, educational programs, protection order registries, and training in police departments to improve tracking of cases involving domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking. (3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence, dating violence, sexual assault, and stalking cases in teams or units of police officers, prosecutors, parole and probation officers, or judges. (4) To coordinate computer tracking systems to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts. (5) To strengthen legal advocacy service programs for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters. (6) To educate judges in criminal and civil courts (including juvenile courts) about domestic violence, dating violence, sexual assault, and stalking and to improve judicial handling of such cases. (7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions. (8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence and sexual assault against older individuals (as defined in section 3002 of this title) and individuals with disabilities (as defined in section 12102(2) of this title). (9) To develop State, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecutions in cases of domestic violence, dating violence, sexual assault, and stalking, and to develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse. (10) To plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from non-profit, non-governmental victim services organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the colocation of project partners under this paragraph, funds may not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas. (11) To develop and implement policies and training for police, prosecutors, probation and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals. (12) To develop, enhance, and maintain protection order registries. (13) To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols. (c) EligibilityEligible grantees are States, Indian tribal governments [FN1] State and local courts (including juvenile courts),, [FN2] or units of local government that--(1) certify that their laws or official policies-- (A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and (B) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; (2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim; (3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense; (4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction; and (5) certify that, not later than 3 years after January, 5, 2006, their laws, policies, or practices will ensure that-- (A) no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense; and (B) the refusal of a victim to submit to an examination described in subparagraph (A) shall not prevent the investigation of the offense. (d) Speedy notice to victimsA State or unit of local government shall not be entitled to 5 percent of the funds allocated under this part unless the State or unit of local government--(1) certifies that it has a law or regulation that requires-- (A) the State or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented; (B) as soon as practicable notification to the victim, or parent and guardian of the victim, and defendant of the testing results; and (C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (B); or (2) gives the Attorney General assurances that its laws and regulations will be in compliance with requirements of paragraph (1) within the later of-- (A) the period ending on the date on which the next session of the State legislature ends; or (B) 2 years. (e) Allotment for Indian tribes(1) In general Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 3796gg-10 of this title. (2) Applicability of subchapter The requirements of this subchapter shall not apply to funds allocated for the program described in paragraph (1).
Housing
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        Clothing Assistance through the Thrift Shop cf3ulnone . Jane Doe, Inc., is the Massachusetts Coalition Against Sexual Assault and Domestic Violence.par cf7f1fs27 Victims of Violent Crime Compensationpar cf3f5fs21 Victims Compensation pays up to $25,000 for some losses related to violent crime, including domestic violence." You may be able to get money from the fund for:par pardltrparfi-360li450sb100sa100tx720tab medical and dental expenses (including equipment, supplies and medications),par cf0f0fs22tabcf3f5fs21 counseling expenses (for victims and for children who witness domestic violence)par cf0f0fs22tabcf3f5fs21 lost wages (for victims only)par cf0f0fs22tabcf3f5fs21 homemaker expenses, andpar pardltrparfi-360li450cf0f0fs22tabcf3f5fs21 funeral/burial costs up to $4,000.par pardltrpar The fund does not pay for: property losses, compensation for pain and suffering, and all other losses.par To get Victims Compensation for domestic violence:par pardltrparfi-360li450sb100sa100tx720tab The domestic violence must have happened in Massachusetts;par pardltrparfi-360li450cf0f0fs22tabcf3f5fs21 You must have reported the domestic violence to the police within five days, unless you had a good reason for waiting longer;par pardltrparfi-360li450sb100sa100tx720tab You must cooperate with the police and prosecutor, unless you have a good reason not to; andpar pardltrparfi-360li450cf0f0fs22tabcf3f5fs21 You must apply for compensation within three years of the domestic violence that you reported to the police.par pardltrpar To apply, fill out an cf8ul Application For Crime Victim Compensation in Massachusetts ulnone ; and
  "relocation money" if you are moving out of a shelter.
You can apply for TAFDC at your local Department of Transitional Assistance (DTA) office. .
The rules for EAEDC are better for non-citizens than the rules for TAFDC and SSI. You may be able to get EAEDC even if you are not able to get TAFDC or SSI because of your immigration status.
You can apply for EAEDC at your local DTA office. .
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
If you are disabled (Serious emotional scars from domestic violence are sometimes a disability.), blind or over 65, you can apply for Social Security Disability Insurance (SSDI) cf3ulnone .par If your child is disabled and your family is low-income, your child may be able to get SSI benefits.par You or your child also may be able to get "dependent Social Security benefits". These are monthly cash payments. You may be able to get this money if your spouse or your parent earned enough wages and is now retired, disabled or has died. Your child may be able to get this money if your child"s other parent earned enough wages and is now retired, disabled or has died.par You can apply for SSDI and SSI at cf8ul your local Social Security office . You can also start your application by calling 1-800-772-1213. It can take months for the Social Security office to process your Social Security or SSI application, so apply as soon as possible. Most people apply for EAEDC or TAFDC at their local Department of Transitional Assistance office cf3ulnone . Jane Doe, Inc., is the Massachusetts Coalition Against Sexual Assault and Domestic Violence.par cf7f1fs27 Victims of Violent Crime Compensationpar cf3f5fs21 Victims Compensation pays up to $25,000 for some losses related to violent crime, including domestic violence." You may be able to get money from the fund for:par pardltrparfi-360li450tab medical and dental expenses (including equipment, supplies and medications),par pardltrparfi-360li450sb100sa100tx720tab counseling expenses (for victims and for children who witness domestic violence)par cf0f0fs22tabcf3f5fs21 lost wages (for victims only)par cf0f0fs22tabcf3f5fs21 homemaker expenses, andpar cf0f0fs22tabcf3f5fs21 funeral/burial costs up to $4,000.par pardltrpar The fund does not pay for: property losses, compensation for pain and suffering, and all other losses.par To get Victims Compensation for domestic violence:par pardltrparfi-360li450sb100sa100tx720tab The domestic violence must have happened in Massachusetts;par pardltrparfi-360li450cf0f0fs22tabcf3f5fs21 You must have reported the domestic violence to the police within five days, unless you had a good reason for waiting longer;par pardltrparfi-360li450sb100sa100tx720tab You must cooperate with the police and prosecutor, unless you have a good reason not to; andpar cf0f0fs22tabcf3f5fs21 You must apply for compensation within three years of the domestic violence that you reported to the police.par pardltrpar To apply, fill out an cf8ul Application For Crime Victim Compensation in Massachusetts ulnone cf16ulnone . Recognizing that domestic abusers take advantage of their victims' trust and confidence, prosecutors often push for harsher sentences in domestic violence cases. A prosecutor might, for example, want more jail time for someone who attacked a spouse than for someone who did the same to a stranger. And domestic violence sentences typically include special protections for past (and potential) targets. For example, conviction of a crime of domestic violence may entail a mandatory jail sentence and some type of restraining order (more on this below). Identifying a crime as one of domestic violence often allows judges to order abusers to participate in therapeutic counseling.par pardcbpat24ltrparcf19bfs20 Learn Morepar pardltrparcf16b0fs18 To get more information on domestic violence, including state-specific laws and answers to common questions, see cf18ul Domestic Violence & Abuse cf16ulnone .par Here's an example of a state that defines domestic violence as a distinct crime: In Wisconsin, "domestic abuse" is any of the following, committed against: a spouse or former spouse, an adult the defendant lives or used to live with, or an adult with whom the defendant has a child in common: par pardcbpat24ltrparfi-360li495sa75sl312slmult0tx720f3fs20·tabf1fs18 intentionally inflicting physical pain, physical injury, or illnesspar pardcbpat24ltrparfi-360li495sa75sl312slmult0f3fs20·tabf1fs18 intentionally impairing a physical conditionpar f3fs20·tabf1fs18 sexual assaultpar f3fs20·tabf1fs18 a physical act that may cause the victim reasonably to fear the imminent occurrence of any of the above. par pardcbpat24ltrpar (Wis. Stat. Ann. § 968.075.)par cf17f6fs30 Charging and Prosecuting Domestic Violence: Special Challengespar cf16f1fs18 Police and prosecutors face two common problems when it comes to arresting for, charging, and prosecuting domestic violence.par b Failure to report. b0 First, victims of domestic violence are often reluctant to report the abuse. Abuse victims may hope that the abuse was an isolated act that wonrquote t happen again. Or they might be fearful that reporting the violence will only goad the attacker into further violence. If a woman and her children are dependent on their abuser's income, she may fear that reporting the violence will lead to loss of financial support. Understandable though such reactions may be, the result is that most crimes of domestic violence go unreported.par b Reluctance to testify. b0 A second difficulty with prosecuting domestic violence cases is that even when they report attacks to the police, victims often refuse to testify against their attackers at trial. As defendants have a constitutional right to confront and cross-examine their accusers, prosecutors often cannot offer domestic violence victims' statements to the police into evidence in lieu of the victims' actual testimony in court. As a result, prosecutors must sometimes dismiss domestic violence charges. par The combination of failing to report and refusing to cooperate with prosecutors makes domestic violence one of the hardest crimes to successfully prosecute.par pardcbpat24ltrparsb100sa72cf20f6fs23 Rules That Help Prosecutors Convict Domestic Violence Offenderspar pardltrparcf16f1fs18 Some states have special rules for domestic violence cases. One such rule allows prosecutors to introduce evidence that defendants charged with domestic violence have committed other acts of domestic violence. This is an exception to the general rule that prosecutors can't offer evidence of defendants' criminal history. (See cf18ulrquotecf0lang1033ulnonef0fs22 Can the prosecution introduce evidence of a defendants past domestic violence? cf16lang9f1fs18 )par pardcbpat24ltrparcf17f6fs30 Help for Domestic Violence Victimspar cf16f1fs18 Many localities have domestic violence hotlines. People who fear domestic violence should always know how to contact a hotline. Those who have been subjected to domestic violence may also go to court and secure a protective order or restraining order, which often prohibits the abuser from coming into contact with or even being in close proximity to (e.g. 500 feet within) the victim. An abuser who violates the terms of a restraining order-for example, by showing up at a victim's home or place of work-may be arrested and charged with a crime. Since many domestic violence victims call 911 for assistance, it may help to know that statements made to 911 operators may be admissible in court to prove that a domestic abuser is guilty.par cf19bfs20 Find Online Helppar cf16b0fs18 If you need help with a domestic violence situation, the websites for the following organizations are a good first step toward getting it. You may also want to try an online search involving terms like ldblquote domestic violence help.rdblquotepar pardltrparfi-360li495f3fs20·tabf1fs18 The National Domestic Violence Hotline (cf18ul www.thehotline.org cf16ulnone )par f3fs20·tabf1fs18 National Coalition Against Domestic Violence (cf0lang1033f0fs22 www.ncadv.org cf16lang9f1fs18 )par f3fs20·tabf1fs18 Rape, Abuse & Incest National Network (cf0lang1033f0fs22 www.rainn.org cf16lang9f1fs18 )par pardcbpat24ltrparcf17f6fs30 Domestic Violence Convictions and Gunspar pardltrparcf16f1fs18 Because many domestic abusers are recidivists, Congress passed a law making it a federal crime for people convicted of domestic violence to have a gun. The law additionally prohibits those subject to domestic violence restraining orders from having a gun. States may also have laws that overlap with the federal ban. (18 U.S.C. § 921 i et seq.i0 ; see cf18ul What kind of ldblquote domestic violencerdblquote conviction prevents you from having a gun? cf16ulnone ) par The U.S. Supreme Court upheld the federal law in the case of i United States v. Hayes. i0 The Court essentially ruled that the law applies to any conviction for an act of domestic violence, even if the conviction doesnrquote t explicitly fall into theldblquote domestic violencerdblquote category. (555 U.S. 415 (2009); see cf18ulrquotecf0lang1033ulnonef0fs22 Can a past misdemeanor thats technically not ldblquote domestic violencerdblquote prohibit you from having a gun? cf16lang9f1fs18 )par pardcbpat24ltrparcf17f6fs30 Talk to a Lawyerpar cf16f1fs18 If yourquote ve been accused of domestic violence, consult an experienced criminal defense attorney in your area. The law varies at least somewhat from state to state, and from state to federal court. A knowledgeable attorney will be able to explain the law and procedures to you and advise you.par pardltrpar by: cf21 Sara J. Berman ul b0 Embarrass you with put-downs?lineb > b0 Control what you do, who you see or talk to or where you go?lineb > b0 Look at you or act in ways that scare you?lineb > b0 Push you, slap you, choke you or hit you?lineb > b0 Stop you from seeing your friends or family members?lineb > b0 Control the money in the relationship? Take your money or Social Security check, make you ask for money or refuse to give you money?lineb > b0 Make all of the decisions?lineb > b0 Tell you that yourquote re a bad parent or threaten to take away your children?lineb > b0 Prevent you from working or attending school?lineb > b0 Act like the abuse is no big deal, deny the abuse or tell you itrquote s your own fault?lineb > b0 Destroy your property or threaten to kill your pets?lineb > b0 Intimidate you with guns, knives or other weapons?lineb > b0 Attempt to force you to drop criminal charges?lineb > b0 Threaten to commit suicide, or threaten to kill you?par If you answered lquote yesrquote to even one of these questions, you may be in an unhealthy or abusive relationship. In this section, yourquote ll find more information on the types of abuse, why people abuse and why itrquote s so difficult to leave. Donrquote t hesitate to chat or call us (1-800-799-SAFE) if anything you read raises a red flag about your own relationship or that of someone you know.par pardltrparsb100sa60sl264slmult0fs27 Werquote re here to help.par pardltrparcf23bf8fs20 Abuse Defined ul

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