Law Enforcement & DCF Domestic Violence

What Happens When Law Enforcement Gets Involved with MA DCF Domestic Violence Cases?

When law enforcement gets involved with a MA DCF domestic violence case, it can go many ways. Police must treat domestic violence calls as high priority, and life threatening situations. When police get the call, they must use their discretion as to whether or not they will use their sirens or lights. When a call comes in, the station will send 2 officers so one officer can talk to the victim and one talk to the alleged perpetrator. The police will also conduct a risk assessment after they determine the severity of the situation.

CASE EXAMPLE

On a cold winter day, a mother called her local police station to report her husband was missing. She explained to the police that she got into a disagreement with the father of her children about changing their 4 month old daughter’s diaper the night before. The argument continued into the next day when she called the police. The father left the home at 12pm, and was texting the mother throughout the day. Some of these texts include statements like “you would be better off without me” and statements indicating that the father was suicidal. The father returned home at 3pm, grabbed a handgun, which he had a license for, and left the house again. The father was texting the mother stating that he wanted to kill himself, and then tried to convince the mother to call the police so that he could have a “suicide by cop. The mother called the police an hour before the father stopped communicating with her. The police arrived at the home within 20 minutes. When the father finally came back to the home, the police ordered him to get out of the car and get on his knees. The father fully and completely complied with the police. The police arrested the father and brought him to the hospital under a section 12. They also enrolled him in an in-patient program.

When Did MA DCF Come into the Picture?

The Massachusetts Department of Children and Families became involved due to reports of neglect of the 3 children by the father. The children had seen the parents fighting and taking off their wedding bands when they fought. This upset the children since they did not want the mother and father to break up. The children also saw the police surround the father, and the father on his knees praying for help when the police came. The children did not see the police officers’ guns. The department also became concerned after finding out that the father is an avid drinker and uses cocaine. Their attorney helped make sure that the parents’ truth came out to the court. During the time of the incident, the father was not the primary caretaker of the children, it was the mother. The department was also relying on the statements of children under the age of 10 who did not actually witness what happened. The department also did not contact the children’s collaterals to see that the children were actually impacted by incident. The father has cooperated and done very well in his treatment for his substance and mental health issues. Luckily the parents got DCF out of their lives and did not lose or traumatize their children in the process. This is the happy ending Attorney Seaver can give you and your family.

What is the “Mandatory Arrest Policy” For Domestic Violence?

The police have a certain policy, called Mandatory Arrests, where they will arrest the alleged perpetrator. In Massachusetts, This is called the Pro-Arrest approach. An arrest is the preferred response when the officer witnesses, or has probable cause that there was child abuse going on. The police must have probable cause of domestic violence exist to arrest someone.

What do the District Attorney’s Offices in Massachusetts Say About Domestic Violence?

The Cape and Islands District Attorney’s Office has a Domestic Violence Unit. The Domestic Violence Unit is helps prosecute domestic abusers to make sure that their victims never experience domestic violence by them again. This is the only District Attorney’s office in Massachusetts that has a domestic violence unit.

Some of the goals the unit has are:

• Stopping the violence
• Protecting the victim, children, and other family members
• Provide services and aid 
• Hold the offender accountable and make sure they don’t commit anymore violence
• Manage threats by the offender
• Protect the public
• Uphold domestic violence as a serious criminal act

The Domestic Violence Unit also strives to increase public awareness of domestic violence, impact public policy, and help create a community based response to domestic violence. 

Are There Criminal Charges for Domestic Violence Allegations?

Domestic violence can lead to criminal charges. Any type of physical domestic violence (abuse that becomes violent) is grounds for a restraining order and the offender can be criminally charged. Emotional and verbal abuse are also forms of domestic violence, but they are not criminal. Domestic violence can include many different types of physical abuse. Some examples are:

• Kicking 
• Punching 
• Hitting 
• Threatening
• Striking 

Domestic violence can also include sexual abuse and sexual abuse threats.

What are Specific Criminal Charges You Can Face for Domestic Violence Allegations?

One criminal charge can be domestic assault and battery. Assault and battery is a “misdemeanor”. So, if someone is facing domestic assault and battery charges, they can face up to 30 months in jail or a $1,000 fine. The penalties are worse when the batterer used a dangerous weapon. A dangerous weapon is any object that can cause serious bodily harm. Some examples of dangerous weapons include:

• Guns 
• Knives 
• Switch blades 
• Explosives 

If domestic assault and battery with deadly weapon happens, it can mean up to 15 years in prison. You can also face criminal charges if you threaten physically harm another person. These will only be misdemeanor charges, and you can face up to six months in jail or a $100 fine.

Domestic Violence & Restraining Orders

A restraining order in Massachusetts is known as a 209A Order or an Abuse Prevention Order. These are orders that protect someone from a household or family member that is physically or sexually abusing them. 

Different Types of Restraining Orders

There are 3 different kinds of restraining orders:

1. Harassment Prevention Order– this is a court order to protect you from someone who is not a member or former member of your household or family or someone you have been dating who has been harassing or abusing you.
2. Automatic Restraining Order– an automatic restraining order does not have to do with domestic violence, but it instead has to do with money and property in a divorce or separate support case.
3. Domestic Relations Protection Order– These orders are granted as part of divorce, paternity and support cases in Probate and Family Court. They are almost like a 209A restraining order. 

When Should You Take Out a Restraining Order During Your DCF Case?

You should take out a restraining order during your DCF case when you are afraid of your partner. But it could be helpful to file for a restraining order if DCF tells you to–even when you are not afraid of your partner. Doing this can be helpful because DCF has the power to remove your children from your home. They do this all the time for the smallest reasons. DCF might even tell you that if you do not take out the restraining order, then they will remove your children from your care. They do this because they think the child is in danger if the alleged perpetrator is around the child. If you are ever in that situation, do not panic. You will have a hearing for this restraining order. At that hearing, tell the judge exactly what happened. Tell them DCF forced you to get a restraining order, as they said they would take your kids. Then tell the judge that you only did this because you did not want to lose your children. Also make it clear that you are not actually in any danger from your partner.

What are Characteristics of Domestic Abusers?

Abusers can have many different types of characteristics. Not all abusers are the same, but some may show similar patterns. Here are some red flags when seeing if your partner is abusive:

• Explosive Temper
• Extremely Jealous
• Controlling Behavior 
• Verbal Abuse 
• Breaking or Hitting Objects  

Are There Programs Out There to Stop Domestic Violence?

The Middlesex District Attorney’s Office has community partnerships to help stop domestic violence within communities. One such program is “Cut It Out Middlesex”. This program is dedicated to teaching salon professionals, such as barbers and hair stylists, how to spot domestic violence victims. The District Attorney’s Office trains salon professionals to spot signs of abuse in their clients and also how to refer them to community-based domestic violence services. Another program by the Middlesex District Attorney’s Office is the Domestic Violence High-Risk Assessment and Rapid Response Teams. These teams are all across Middlesex county, and they respond to domestic violence cases that can pose a risk for serious harm or death. The last program they offer is the Domestic Violence Pro Bono Attorney Program. This program helps high risk victims get free legal representation at restraining order hearings. It is important to note that attorneys from the District Attorney’s Office are not allowed to partake in these hearings because they are civil matters. The District Attorney’s Office will give you an attorney from one of their partner firms. Some of the goals of this program are to help victims leave abusive relationships, provide victims of domestic violence with legal assistance at these restraining order hearings, and to help protect these victims through legal advocacy.

You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.

Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.

Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.

Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.

Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.

Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.