ADDRESSING TECHNOLOGICAL ABUSE WITHIN 209A ORDERS

The rise in technological abuse as a form of domestic abuse is addressed through legal avenues such as 209A orders in Massachusetts. The inclusion of this term in the definition of abuse under Chapter 209A of the Massachusetts General Laws ensures comprehensive protection for victims.
Technological abuse involves using technology to control, monitor, or harass someone, often making the victim feel unsafe even in their own home. Understanding how technological abuse is integrated into 209A orders is crucial for ensuring complete protection for victims.

What is Technological Abuse?

Technological abuse can take many forms, including:

Cyberstalking: Using the internet or other electronic means to stalk or harass someone.
Unauthorized Monitoring: Using spyware, GPS tracking, or hacking to monitor someone’s activities.
Digital Harassment: Sending threatening or harassing messages through social media, email, or text.
Control of Technology: Controlling or limiting access to technology and digital accounts.

Such actions, equatable to physical abuse, foster a deep-seated fear and anxiety within the life of a victim. For example, an abuser might use spyware to track a victim’s movements or hack into their social media accounts to monitor communications and friendships, fostering an environment of constant surveillance and control.

Integration of Technological Abuse in 209A Orders

Massachusetts has recognized the need to include technological abuse within the framework of 209A orders. This expansion ensures that victims of technological abuse can seek legal protection and that abusers are held accountable for using technology to harm others. It aims to enhance protections related to domestic violence by explicitly including “technological abuse” and “coercive control” within the definition of abuse under Chapter 209A.

Eligibility and Process

To obtain a 209A order in Massachusetts, the victim must demonstrate that they have been abused by a family or household member, someone they are dating, or someone with whom they share a child. Abuse is broadly defined to include physical harm, fear of imminent serious physical harm, and forced sexual relations, among other forms. Technological abuse falls under these categories when it involves harassment, stalking, or coercive control.

Steps to Obtain a 209A Order:

Filing a Complaint: The victim must file a complaint and an affidavit detailing the abuse at the appropriate court. This documentation should include any evidence of technological abuse, such as screenshots of harassing messages, records of unauthorized tracking, or logs of hacking attempts.
Emergency Orders: If there is immediate danger, the court can issue an emergency order without the abuser present. These orders are temporary and last until the hearing.
Court Hearing: A hearing is typically scheduled within ten days, where both parties can present their case. The judge will decide whether to issue a longer-term order based on the evidence.

Enforcement and Penalties for Violations

Enforcement of 209A orders is critical for their effectiveness. Violations can result in immediate arrest and criminal charges, leading to fines, probation, or imprisonment. This strict enforcement applies to all forms of abuse, including technological abuse. Law enforcement agencies are trained to recognize and act on violations involving technology, ensuring that victims are protected from all types of harassment and control.
In Massachusetts, violating a 209A order is a serious offense. The abuser can be arrested immediately upon violation, and the penalties can include fines, probation, or imprisonment. The state takes these violations seriously to ensure the safety and security of the victim.

Practical Steps for Victims

Victims of technological abuse should take several steps to protect themselves:

Document the Abuse: Keep records of all harassing messages, emails, or social media interactions. Documentation is crucial for legal proceedings and can help establish a pattern of abuse.
Change Passwords: Regularly update passwords for all online accounts and use two-factor authentication. This step helps secure personal information and prevents unauthorized access.
Seek Legal Help: Contact our skilled technological abuse attorney in Massachusetts who can help handle the process of obtaining a restraining order and advise on additional safety measures. Our legal professionals can provide guidance on the best course of action and represent victims in court.

Contact our Experts for Protection Against Technological Abuse in Massachusetts

Technological abuse is a serious and growing concern that has been integrated into the protective measures available under 209A orders in Massachusetts. Understanding these protections and the steps to obtain and enforce a 209A order can provide victims with the necessary tools to protect themselves from abuse. If you or someone you know is experiencing technological abuse, contact Markey Law Partners for expert legal support.

ADDRESSING TECHNOLOGICAL ABUSE WITHIN 209A ORDERS