Domestic Violence in Divorce
Domestic violence is one consistency in many divorces. This then often times leads to Chapter 50B hearings. 50Bs are restraining orders based on domestic violence. This is in the form of attempting to cause bodily injury, or intentionally causing bodily injury which places a member of the household in fear of imminent bodily injury. This is a subjective test in that whether or not the party is in fear cannot be measured by any scale. It will be up to the court to determine whether or not the party was afraid because of the behavior of the defendant. The remedies in 50Bs are available to a party seeking divorce from bed and board on grounds of cruel or barbarous treatment that endangers the life of another.
50Bs can also be entered with stipulations/agreements by and between the parties. This means that the parties can agree to certain aspects of their relationships such as who should have visitation with the minor children and when. Or, there could be some contact between the parties for the benefit of the children, and only for that benefit. This puts the 50b in place for one year, but provides more latitude that is given by statute.