Foley Hoag, Jane Doe Inc. and Domestic Violence Council Contribute Amicus Brief in Support of Family Violence Prevention
Boston, MA - January 18, 2008
Important Progress on Issue as a Result of Caplan v. Donovan
Lawyers at Foley Hoag LLP worked with Jane Doe Inc. and the Domestic Violence Council on an amicus brief in support of the plaintiff in Caplan v. Donovan. Today the Massachusetts Supreme Judicial Court ruled in favor of the plaintiff, concluding that a Massachusetts court may issue a domestic abuse prevention order against someone who lives outside of the state.
The unanimous ruling, authored by Judge Margot Botsford, is heralded as a positive step in protecting people from domestic and family violence.
Foley Hoag lawyers Claire Laporte and Rebekah Clark worked on the case as part of the firm’s pro bono program and its relationship with the domestic violence prevention organizations, Jane Doe Inc. and the Domestic Violence Council. Greater Boston Legal Services attorneys Pauline Quirion and Megan Christopher represented the plaintiff who obtained the restraining order. The case involved a woman, formerly of Massachusetts, who was subject to abusive behavior by her partner while living in Florida. Upon her return to Massachusetts, she sought protection through a Massachusetts District Court.
“It gives the Massachusetts court the ability to issue a restraining order in a situation where a victim has fled from another state,” said Claire Laporte, Partner and head of the firm’s pro bono program. “The Massachusetts court can create a zone of protection around that person, even when the abuser lives somewhere else.” Rebekah Clark added that “Massachusetts courts now have clear authority to prohibit actions of a non-resident defendant in the Commonwealth. This strengthens the courts’ ability to provide for the safety of victims of domestic violence.”
CATEGORIES
Litigation, Pro Bono