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S 1154

An Act relative to visitation and family court matters in domestic violence cases

194th Legislature (2025-2026) Introduced by Jason Lewis

The bill automatic bans a defendant from seeing the child during pretrial and part of post-sentence if charged with certain violent offenses involving a child or pregnancy, to prot

Accompanied a study order (under JR10), see S2886
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Bill Summary · S 1154

Summary — S.1154: Visitation and Family Court Matters in Domestic Violence Cases

Note: The legislative materials provided include unrelated items (an Idaho FY2026 arts appropriation also labeled “S 1154”). This summary focuses on the Massachusetts bill text titled “An Act relative to visitation and family court matters in domestic violence cases” (Senate Docket No. 1239 / Senate Bill No. 1154).

Main purpose

To create an automatic mechanism in criminal proceedings that restricts or suspends a defendant’s ability to obtain visitation or pursue related family-court actions when the defendant is charged with or convicted of certain violent offenses involving pregnancy, children, or where a child was a victim/witness — thereby prioritizing victim and child safety during criminal proceedings and for a defined period after sentencing.

Key provisions

  • Inserts two new sections into Chapter 276 of the General Laws:
    • Section 42B — “Conditions of release: visitation rights” (criminal pretrial and post-conviction)
    • Section 87C — “Conditions of probation: visitation rights” (probation)
  • Applicability: defendants charged or convicted of designated assault/rape/strangulation offenses (various sections of chapter 265 and related statutes) when:
    • the victim was pregnant at the time or becomes pregnant as a result of the crime;
    • the defendant and victim have a child in common;
    • or a child is a victim or witness to the crime.
  • For qualifying defendants, the criminal court shall issue a ban prohibiting the defendant from obtaining visitation with the relevant child:
    • during the entire pretrial period; and
    • following conviction, for all or part of the sentence (as specified).
  • Waiver and participation rights:
    • The adult victim (or mother of a child victim/witness) may waive issuance of the visitation ban.
    • A child of “suitable age,” or a guardian ad litem (GAL) for that child, may request that the ban issue or not.
    • If the mother and child disagree, a GAL must be appointed and the judge decides based on the child’s best interests.
    • Decisions may be changed during the pendency of the criminal case.
  • Termination and post-termination requirements:
    • The ban ends after completion of the defendant’s sentence or after one year of the sentence, whichever is shorter.
    • If the defendant is acquitted or the case is terminated, the ban is lifted immediately.
    • If the defendant later seeks visitation in probate court, the defendant must complete a psychological evaluation, domestic violence education program, a parenting program, and any other treatment the probate court requires before visitation may be allowed.
  • Probate actions (paternity establishment, genetic testing, and other parental-rights motions) are stayed while a visitation ban is in place.

Who is affected

  • Defendants charged with the enumerated offenses under the specified conditions.
  • Victims (including pregnant victims) and children who are victims or witnesses.
  • Criminal and probate courts (new duties to issue bans, appoint GALs, and stay probate filings).
  • Guardians ad litem and service providers (mental-health, domestic-violence education, parenting programs).

Procedural/timeline aspects

  • Ban applies immediately during pretrial and continues post-conviction as specified.
  • Ban terminates on sentence completion or after one year of sentence (whichever is shorter); immediate lift if defendant acquitted or case dismissed.
  • Probate proceedings regarding parental rights are stayed until the ban is lifted.

Potential impacts

  • Strengthens child and victim protections by preventing court-ordered visitation or expedited parental-rights actions during criminal proceedings and for a defined post-conviction period.
  • May increase use of guardians ad litem and court-ordered evaluations, and requires coordination between criminal and probate courts.
  • Could delay defendants’ ability to pursue paternity or custody claims; imposes rehabilitation/compliance conditions prior to restoration of visitation rights.

Legislative status & sponsors (as provided)

  • Filed (MA Senate Docket No. 1239) on 01/15/2025; sponsor/petitioner: Senator Jason M. Lewis. Referred to the Judiciary Committee. (Hearing date referenced: 06/17/2025.)
  • Note: materials provided also include unrelated appropriation language from Idaho’s legislature under the same bill number; that is not part of the Massachusetts visitation bill.

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

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