# 209(A) right of arrest or not?



## Detail Cop (Oct 8, 2016)

Short and sweet: Joe goes to a Sox game with Mark, his brother in law. Mark gets angry when his team is getting blown out, in a fit of rage, commits a non-felonious simple A&B on Joe (call it a single slap to the face). No officers see this. Joe approaches an officer, red-faced from the slap, says "My brother in law just slapped me". Related by marriage, under 209(A), lock up Mark. Right? Seems to be a 50/50 split on the guys I've talked to.


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## j809 (Jul 5, 2002)

I’d say no simple a&b not in presence strongest action summons.

c) For the purposes of this section, ''family or household member'' shall mean persons who (i) are or were married to one another, (ii) have a child in common regardless of whether they have ever married or lived together or (iii) are or have been in a substantive dating or engagement relationship; provided, that the trier of fact shall determine whether a relationship is substantive by considering the following factors: the length of time of the relationship; the type of relationship; the frequency of interaction between the parties; whether the relationship was terminated by either person; and the length of time elapsed since the termination of the relationship.


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## RodneyFarva (Jan 18, 2007)

Agreed, but advise them they can still seek a 209a either from you (emergency) or your district court in the morning.
also look at totality of the circumstances, do they live together? has there been past incidents? and so on.
Oh, and the state prefers an arrest of the aggressor, there is no "shall" unless there already was a 209 issued.


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## j809 (Jul 5, 2002)

'Family or household members'', persons who:

(a) are or were married to one another;

(b) are or were residing together in the same household;

(c) are or were related by blood or marriage;

(d) having a child in common regardless of whether they have ever married or lived together; or

(e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors:


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## j809 (Jul 5, 2002)

Under 209A I can see where you can but I would venture on a summons for that. 


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## 38bigblock (Nov 22, 2015)

Gray area, I would say it’s good, but I don’t think I’d do it unless there was more there. Would make great case law!


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## Radioroger (Sep 13, 2018)

I don’t believe this would qualify for 209A. Assuming there is no history, the issue is between two parties who are not related and no current orders of protection or harassment exists. 

Arrest? Yes if a witness wants to get involved. Summons for A&B? Definitely. 

After the issue file Chapter 258E harassment protection, similar “protections” as 209A... considering there is a history.


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## Tuna (Jun 1, 2006)

Joe's a pussy.


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## USM C-2 (Oct 27, 2010)

Yankees Suck.


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## Treehouse413 (Mar 7, 2016)

Detail Cop said:


> Short and sweet: Joe goes to a Sox game with Mark, his brother in law. Mark gets angry when his team is getting blown out, in a fit of rage, commits a non-felonious simple A&B on Joe (call it a single slap to the face). No officers see this. Joe approaches an officer, red-faced from the slap, says "My brother in law just slapped me". Related by marriage, under 209(A), lock up Mark. Right? Seems to be a 50/50 split on the guys I've talked to.


Summons. No right of arrest unless in presence.


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## USAF3424 (Mar 18, 2008)

If its fenway broom it lol


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## Joel98 (Mar 2, 2011)

Treehouse413 said:


> Summons. No right of arrest unless in presence.


You can arrest for a domestic violence not committed in your presence.


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## Treehouse413 (Mar 7, 2016)

Joel98 said:


> You can arrest for a domestic violence not committed in your presence.


Wrong. Read up on 209a. According to the scenario they don't live together and are "brother in laws" no blood relation, etc


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## Joel98 (Mar 2, 2011)

Treehouse413 said:


> Wrong. Read up on 209a. According to the scenario they don't live together and are "brother in laws" no blood relation, etc


My statement is correct, I was talking about DV in general.


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## Treehouse413 (Mar 7, 2016)

Joel98 said:


> My statement is correct, I was talking about DV in general.


Yes your correct but the thread refers to the above scenario not DV .


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## Bloodhound (May 20, 2010)

They are related by marriage, not to each other obviously. You can absolutely arrest as domestic A&B. Should you? Totally different story.


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## patrol22 (Oct 31, 2015)

38bigblock said:


> Gray area, I would say it's good, but I don't think I'd do it unless there was more there. Would make great case law!


MAKE CASE LAW GREAT AGAIN! 
MCLGA!!!


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