Bill > H1283

This bill proposes several changes to Chapter 209A, which deals with domestic relations and abuse prevention. Key provisions include changing the definition of abuse to include "threatening" serious physical harm instead of just "placing" someone in fear, and removing "probate and family or" from the venue section, meaning cases will be heard in superior, Boston municipal, or district courts. The bill also introduces a requirement for "clear and convincing evidence" in certain aspects of abuse cases, particularly when seeking protection orders and when determining child custody, shifting from a "preponderance of the evidence" standard in some instances. Furthermore, it mandates that false allegations of abuse could lead to charges of perjury and require the accuser to pay legal costs. The bill also clarifies that no filing fees will be charged for complaints and that both parties, not just the victim, will receive copies of incident reports. Finally, it outlines procedures for when a plaintiff fails to appear at a hearing and specifies that law enforcement will serve both the order and the affidavit filed with the court.