Bill > S1154

This bill introduces new provisions to Massachusetts law regarding visitation rights for defendants in domestic violence cases involving specific serious offenses such as assault, rape, and strangulation, particularly when the victim is pregnant or shares a child with the defendant. The bill establishes that criminal courts shall issue a visitation ban for defendants charged or convicted of these offenses, preventing them from obtaining visitation with children resulting from or connected to the criminal incident during the pretrial period and potentially part of their sentence. The bill allows for nuanced considerations, including the ability of adult victims or children of suitable age (with potential guardian ad litem involvement) to waive or request the visitation ban, with judges making determinations based on the child's best interests. The visitation ban will typically terminate after the defendant's sentence completion or one year, whichever is shorter, and if the defendant subsequently seeks visitation, they must complete a psychological evaluation, domestic violence education program, parenting program, and any additional court-deemed treatments. Additionally, the bill stipulates that if a defendant is acquitted or the case is terminated, the visitation ban will be immediately lifted, and during an active ban, the probate court will stay any motions by the defendant relating to parental rights.

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https://malegislature.gov/Bills/194/S1154