WeVote
Log In

Bill

Bill

SD 89

An Act maintaining protective orders

194th Legislature (2025-2026) Introduced by Mike Moore

Protective orders issued under Chapter 209A would continue to protect a plaintiff’s child after the plaintiff’s death until the order expires or is vacated.

0
WeVote Research Nonpartisan
Bill Summary · SD 89

Summary: An Act Maintaining Protective Orders (Senate Docket No. 89)

Overview

  • Bill: An Act maintaining protective orders
  • Senate Docket: 89
  • Filed: January 7, 2025
  • Principal sponsor: Sen. Michael O. Moore (Second Worcester)
  • Context: Similar measure previously filed in 2023-2024 (Senate No. 1070)

Purpose and intent

The bill aims to ensure that certain protective orders issued under Massachusetts’ protective- and abuse-prevention framework continue to be enforceable after the plaintiff’s death, specifically to safeguard the plaintiff’s child or a child in the plaintiff’s care or custody. The change is designed to extend court-ordered protections beyond the life of the plaintiff so long as the order remains in effect.

Key provision (amendment to Chapter 209A)

  • Section being amended: Chapter 209A, Section 3, subsection (h)
  • Change: The existing subsection (h) is replaced with language that provides:
    • An order requiring the defendant to refrain from abusing or contacting the plaintiff’s child, or a child in the plaintiff’s care or custody, unless authorized by the court.
    • This order “shall survive the death of the plaintiff until such order expires or is vacated by the court.”
  • Practical effect: If a protective order is issued to protect a child, it would remain operative even after the plaintiff’s death, continuing until its designated expiration or a court decision to vacate it.

Who would be affected

  • Plaintiffs who secure protective orders under Chapter 209A
  • Defendants who are subject to protective orders
  • Children of the plaintiff or children in the plaintiff’s care/custody, who receive ongoing protection
  • Courts issuing 209A orders and any enforcement agencies responsible for compliance
  • Potentially, family members and others involved in the plaintiff’s household or domestic situation

Procedural and timeline aspects

  • Status: Proposed bill; status not specified in the provided material
  • Effective date: Not specified in the text provided; would depend on enactment and any effective-date language enacted
  • Legislative history: Mirrors a similar measure from the 2023-2024 session (Senate No. 1070), indicating ongoing interest in preserving protective orders post-death for children

Potential impact and considerations

  • Increased protection for children when a protective order is issued by a court
  • Administrative and legal considerations for post-death enforcement and potential modifications
  • Clarifies the duration of protection beyond the life of the plaintiff, reducing gaps in safety for vulnerable children

If you’d like, I can add a brief comparison to existing Massachusetts 209A provisions or track status updates as they become available.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.