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SENATE DOCKET, NO. 1239 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1154
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to visitation and family court matters in domestic violence cases.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 5
SENATE DOCKET, NO. 1239 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1154
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1154) of Jason M. Lewis for
legislation relative to visitation and family court matters in domestic violence cases. The
Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1025 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to visitation and family court matters in domestic violence cases.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 276 of the General Laws is hereby amended by inserting after
2section 42A the following section:-
3 Section 42B. Conditions of release visitation rights.
4 (a) This section applies to defendants who are:
5 (1) charged or convicted of the offenses of assault or rape under section 13B to 13B 3/4,
6inclusive, 13F, 13H, 15 or 22 to 23B, inclusive, of chapter 265, or section 3 of chapter 272, or
7the strangulation of a pregnant person under section 15D of chapter 265 or the assault or the
8assault and battery of a pregnant person under section 13A of chapter 265; and 2 of 5
9 (2) where the victim of the crime is pregnant at the time of the crime or becomes
10pregnant as a result of the crime; or where the victim and the defendant have a child in common;
11or where a child is the victim or witness to the crime.
12 (b) For a defendant as described in subsection (a), the criminal court in which the
13defendant was charged or convicted shall issue a ban, prohibiting the defendant from obtaining
14visitation with a child resulting from the pregnancy or a child as described in paragraph (2) of
15subsection (a), during the entire pretrial period, and following a conviction, for all or a portion of
16a sentence as described in subsection (c).
17 (i) The adult victim, or the mother of a child victim or witness, may waive the right to
18have a visitation ban issue.
19 (ii) A child of suitable age, or a guardian ad litem acting on their behalf, may request that
20the ban issue or not issue.
21 (iii) Where a mother and a child of suitable age disagree about whether to waive the
22visitation ban, a guardian ad litem shall be appointed to the child and the judge shall make a
23determination regarding visitation based on the best interests of the child.
24 (iv) Decisions by victims and any involved children regarding visitation bans are not
25necessarily permanent and a visitation ban may issue, or be subsequently waived, at any time
26during the pendency of the case leading to the time when a visitation ban would terminate as
27described in section (3).
28 (v) Nothing in this section precludes the Commonwealth or the victim from asking for a
29stay away or no contact order as a post-conviction condition pursuant to sentencing. 3 of 5
30 (c) The visitation ban shall terminate after the completion of the defendant’s sentence,
31following a conviction or plea of guilty to the offenses listed in (a)(1), or after 1 year of the
32defendant’s sentence, whichever is shorter. In the event that the defendant then seeks visitation
33through the probate courts, the defendant must complete a psychological evaluation, a domestic
34violence education program, a parenting program and any other treatment the probate court
35deems necessary prior to being allowed visitation.
36 (1) If the defendant as described in subsection (a) is acquitted of the relevant charges or if
37the case is terminated, the ban prohibiting visitation shall be immediately lifted.
38 (d) For defendants for whom there is a ban prohibiting visitation as described in this
39section, the probate court shall stay any Complaints to Establish Paternity, Motions for Genetic
40Marker Testing or other motions filed by the defendant, relating to parental rights, such stay to
41continue until the visitation ban is lifted.
42 SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting after
43section 87B the following section:-
44 Section 87C. Conditions of probation visitation rights.
45 (a) This section applies to defendants who are:
46 (1) charged or convicted of the offenses of assault or rape under section 13B to 13B 3/4,
47inclusive, 13F, 13H, 15 or 22 to 23B, inclusive, of chapter 265, or section 3 of chapter 272, or
48the strangulation of a pregnant person under section 15D of chapter 265 or the assault or the
49assault and battery of a pregnant person under section 13A of chapter 265; and 4 of 5
50 (2) where the victim of the crime is pregnant at the time of the crime or becomes
51pregnant as a result of the crime; or where the victim and the defendant have a child in common;
52or where a child is the victim or witness to the crime.
53 (b) For a defendant as described in subsection (a), the criminal court in which the
54defendant was charged or convicted shall issue a ban, prohibiting the defendant from obtaining
55visitation with a child resulting from the pregnancy or a child as described in paragraph (2) of
56subsection (a), during the entire pretrial period, and following a conviction, for all or a portion of
57a sentence as described in subsection (c).
58 (i) The adult victim, or the mother of a child victim or witness, may waive the right to
59have a visitation ban issue.
60 (ii) A child of suitable age, or a guardian ad litem acting on their behalf, may request that
61the ban issue or not issue.
62 (iii) Where a mother and a child of suitable age disagree about whether to waive the
63visitation ban, a guardian ad litem shall be appointed to the child and the judge shall make a
64determination regarding visitation based on the best interests of the child.
65 (iv) Decisions by victims and any involved children regarding visitation bans are not
66necessarily permanent and a visitation ban may issue, or be subsequently waived, at any time
67during the pendency of the case leading to the time when a visitation ban would terminate as
68described in section (3).
69 (v) Nothing in this section precludes the Commonwealth or the victim from asking for a
70stay away or no contact order as a post-conviction condition pursuant to sentencing. 5 of 5
71 (c) The visitation ban shall terminate after the completion of the defendant’s sentence,
72following a conviction or plea of guilty to the offenses listed in (a)(1), or after 1 year of the
73defendant’s sentence, whichever is shorter. In the event that the defendant then seeks visitation
74through the probate courts, the defendant must complete a psychological evaluation, a domestic
75violence education program, a parenting program and any other treatment the probate court
76deems necessary prior to being allowed visitation.
77 (1) If the defendant as described in subsection (a) is acquitted of the relevant charges or if
78the case is terminated, the ban prohibiting visitation shall be immediately lifted.
79 (d) For defendants for whom there is a ban prohibiting visitation as described in this
80section, the probate court shall stay any Complaints to Establish Paternity, Motions for Genetic
81Marker Testing or other motions filed by the defendant, relating to parental rights, such stay to
82continue until the visitation ban is lifted.