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MA H1186

MA H1186
Relative to exclusive probate court jurisdiction regarding abuse prevention orders affecting minors


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to probate court jurisdiction regarding abuse prevention orders affecting minors. The Judiciary.

AI Summary

This bill amends Chapter 209A of the General Laws, which deals with abuse prevention orders, to clarify the jurisdiction of the probate and family court when a minor child is involved in a household where abuse is alleged. Specifically, it states that the probate and family court where the person seeking protection (the plaintiff) lives will have exclusive authority to hear the case if the person suffering abuse lives in a household with a minor child. However, this exclusive jurisdiction will not apply if the plaintiff claims there is a significant and immediate risk of danger. This change aims to ensure that cases involving minors are handled by the probate and family court, which is equipped to address family-related matters, unless there is an urgent need for immediate protection that overrides this jurisdictional rule.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4624 (on 09/22/2016)

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