The proposed amendments to Chapter 209A and Chapter 258E of the General Laws will empower the courts to maintain protective orders beyond the age of majority, but subject to review. This means that as the minor reaches adulthood, they — or the plaintiff on their behalf — can petition the court to extend the order to ensure continued protection if deemed necessary. This change addresses concerns about immediate exposure to potentially unsafe environments for young adults who previously benefitted from these orders during their childhood.
Summary
Bill S1283 aims to amend existing Massachusetts laws regarding temporary orders issued on behalf of minor children. The bill provides that certain orders will remain in effect even after a minor reaches the age of majority. Specifically, it seeks to ensure that protective orders are not automatically voided upon a child's 18th birthday, addressing a gap in current legislation that could leave vulnerable individuals unprotected as they transition into adulthood. The impact of this change could provide a more consistent safety net for minors transitioning to adults in domestic or protective situations.
Contention
Notably, the bill highlights discussions about the balance of legal protections for minors and the transition into adulthood. Critics may argue that while extending orders provides additional protection, it could also raise concerns regarding due process for individuals who would be subject to these continued protective orders. The bill will likely evoke debates around the legal rights of young adults versus the protective measures intended for them, prompting questions on how courts will handle requests for extensions in the context of the evolving rights and responsibilities of those who are now legally recognized as adults.