March 12, 2013

State Supreme Court Recognizes that Dating Relationships Can be formed by Electronic Means in Case Handled by CLA

Tuesday, March 12, 2013

Contact Wendy Berg, Esq.at (413)539-1003 or wberg@cla-ma.org
Tina Paradiso, Esq. (508)425-2833 or tparadiso@cla-ma.org

The Massachusetts Supreme Judicial Court has decided that a relationship conducted via Skype, email, and other electronic means can constitute a dating relationship for purposes of obtaining a restraining order.  

The position that the Court adopted was advanced by Community Legal Aid in an amicus (“friend of the court”) brief that the non-profit organization filed with the Court.

In order to obtain a restraining order in Massachusetts, a person must show that he or she has had a certain type of relationship with the alleged abuser, including marriage, cohabitation, kinship (through blood or marriage), a substantive dating relationship, or having a child in common. The person seeking a restraining order must also show that the alleged abuser tried to cause or caused physical harm, placed the person in fear of imminent serious physical harm, or forced the person to engage in sexual relations.

In the case, E.C.O. v. Compton, the Court decided that “Chapter 209A [the restraining order law] must be interpreted to protect all who are in a substantive dating relationship from abuse, regardless of whether the relationship was developed or conducted by the use of technology.” The Court noted that its position reflects the changing nature of relationships and, specifically, the fact that an increasing number of relationships, including ones involving teenagers, are being conducted electronically.  

Community Legal Aid Attorney Wendy Berg, who works in CLA’s Northampton office and was the lead author of the amicus brief, said that the decision was an important one for the clients that the organization helps. She said that the decision represents a “big step towards recognizing the reality of modern dating and will help our clients get much-needed protection from abuse.” 

CLA provides free civil legal assistance to low-income and elderly people in Hampshire, Hampden, Franklin, Berkshire, and Worcester Counties. CLA’s family law unit focuses on helping victims of domestic violence in cases involving restraining orders, divorce, custody and visitation, and child support.