The women's bar association
WBA COMMENDS THE MASSACHUSETTS HOUSE OF REPRESENTATIVES FOR PASSING COMPREHENSIVE LEGISLATION AGAINST DOMESTIC VIOLENCE
Women’s Bar Association of Massachusetts
27 School Street, Suite 500, Boston, MA 02108
Ph: 617.973.6666 Fax: 617.973.6663 www.womensbar.org
FOR IMMEDIATE RELEASE
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Kara DelTufo Women’s Bar Association of Massachusetts
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Patricia Comfort, Women’s Bar Association of Massachusetts (617) 973-6666 |
WBA COMMENDS THE MASSACHUSETTS HOUSE OF REPRESENTATIVES FOR PASSING COMPREHENSIVE LEGISLATION AGAINST DOMESTIC VIOLENCE
BOSTON, MA -April 8, 2014 - The Women’s Bar Association of Massachusetts (WBA) today commends the Massachusetts House of Representatives for passing H 4037, An Act Enhancing Protections for Victims of Domestic Violence. The comprehensive bill, which was unveiled byHouse Speaker Robert DeLeo and Attorney General Martha Coakley last week, establishes new criminal offenses related to domestic violence, creates new legal protections for victims and imposes training requirements for judges and court personnel.
The bill creates a new charge for a first offense of domestic assault and battery, punishable by up to 2.5 years in the county House of Corrections or up to a $5,000 fine, or both. The bill also establishes up to 15 days of employment leave a year for domestic violence victims to obtain medical attention, attend court or take care of other items. The bill creates new charges for strangulation and suffocation, which would be punishable by up to five years in state prison or 2.5 years in the county House of Corrections, or up to a $5,000 fine, or by both fine and imprisonment. Penalties for strangulation would increase if special circumstances are involved, such as if the victim is pregnant or has received a restraining order against the perpetrator. The bill would also delay bail for domestic violence offenders by six hours, allowing victims an opportunity to find a safe place and get the necessary help.
The WBA’s Legislative Policy Committee (LPC) has advocated over the years for many of the bill’s provisions, including one that would prohibit accord and satisfaction agreements in domestic violence cases, a process by which charges are dropped if a victim confirms to have received “satisfaction” or some form of compensation for an injury. Massachusetts currently is the only state where accord and satisfaction is used to dismiss a domestic violence case over the prosecution’s objection. “By prohibiting the application of a civil remedy, the Commonwealth is recognizing in many domestic violence cases – where the victim has been the subject of a pattern of control by her/his abuser, it is unrealistic to expect that both parties sign the agreement to dismiss in a manner that comports with justice,” stated Lisa Edmonds, Assistant District Attorney at the Cape and Islands District Attorney’s Office and WBA Board Member.
The WBA’s routine advocacy on accord and satisfaction and other issues addressed in this bill include writing letters to legislators and testifying at hearings. The WBA has also highlighted domestic violence legislation at the WBA Annual Legislative Breakfast at the State House. WBA Board member Lisa Edmonds, Assistant District Attorney at the Cape and Islands District Attorney’s Office, has routinely discussed the accord and satisfaction bill at the Breakfast and testified on the bill before the legislature’s Judiciary Committee. In addition to engaging policymakers representing the Cape and Islands, Lisa has also educated community organizations, including the Cape and Islands Domestic Violence Counsel and the General Federation of Women’s Clubs, on why this legislation should be a focal point in the fight against domestic violence.
Rachel Biscardi from The Women’s Bar Foundation of Massachusetts (WBF), the WBA’s sister organization, has also contributed to the advocacy campaign. One of the projects that Rachel oversees in her role as WBF Director of Pro Bono Projects is the Family Law Project for Battered Women, which provides critical legal assistance to low-income domestic violence survivors. Following the Martel case, Rachel met with legislators and discussed important provisions including those on accord and satisfaction, domestic violence leave, and strangulation. Rachel also served as a resource to the local media regarding the Senate version of the bill.
“While Massachusetts has a proud history of protecting human rights, our Commonwealth must recognize the epidemic of domestic violence. The WBA is thrilled that the House, under the leadership of Speaker Robert DeLeo, unanimously passed this legislation that will provide the Commonwealth with the tools to effectively prosecute these cases and ensure important protections for victims of domestic violence,” stated WBA President Kara DelTufo.
The recent murder of Jennifer Martel, a Waltham mother allegedly stabbed by her boyfriend, prompted both the House and Senate to swiftly act to strengthen domestic violence laws. The Massachusetts Senate passed their version of the bill, S1897, in October 2013.
About the Women’s Bar Association of Massachusetts
Founded in 1978 by a group of activist women lawyers, the Women’s Bar Association boasts a vast membership of accomplished women lawyers, judges, and law students across Massachusetts. The WBA is committed to the full and equal participation of women in the legal profession and in a just society. The WBA works to achieve this mission through committees and taskforces and by developing and promoting a legislative agenda to address society’s most critical social and legal issues. Other WBA activities include drafting amicus briefs, studying employment issues affecting women, encouraging women to enter the judiciary, recognizing the achievement of women in the law, and providing pro bono services to women in need through supporting its charitable sister organization, the Women’s Bar Foundation. For more information, visit www.womensbar.org.