The Massachusetts Supreme Judicial Court considered the case of Silva v. Carmel, and decided that an abuse prevention order may issue where the defendant and victim live in the same state facility may not issue.
Both the defendant and the victim in this case were intellectually disabled persons who both resided at the same state-residential facility of the Department of Developmental Services. Following an altercation where the defendant pushed the victim into a bathtub and caused her injuries, the victim applied for and obtained a restraining order from a district court judge. The order was issued for one year following the judge’s finding that both parties resided in the same “household”.
On appeal, the SJC agreed with the defendant that the district court judge was mistaken in issuing the restraining order because the parties (1) did not reside together in the same household as contemplated by the statute; and (2) the relationship of the parties was not of the type the abuse prevention statute set out to protect.