Section 32F. Whenever a court, pursuant to section thirty-two C, issues a temporary restraining order or a preliminary or permanent injunction ordering a defendant to refrain from entering or remaining in a public or subsidized housing development or from harming a witness under this section, the order issued shall specify the person and the addresses covered and contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. The clerk shall transmit two certified copies of each such order to the appropriate law enforcement agency, and such law enforcement agency shall serve one copy of the order upon such defendant. Unless otherwise directed by the court, for good cause shown, service shall be by delivering a copy in hand to the defendant. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such orders. Whenever any law enforcement officer has probable cause to believe that a defendant has violated the terms of an order issued pursuant to this section, such officer shall have the authority to arrest said defendant. After any such order has been served upon the defendant, any violation of such order during its effective term shall be punishable by a fine of not more than three thousand five hundred dollars or by imprisonment for not more than two years in a house of correction, or both. Any such violation may be enforced in the court that issued the order which is alleged to have been violated.
All temporary restraining orders granted under section thirty-two C shall remain in effect for no more than ten days from issuance. All other interlocutory orders granted under section thirty-two C shall be for a fixed period of time not to exceed one year, at the expiration of which time the court may extend any order upon a showing of good cause. All orders granted under section thirty-two C which expire after a limited term shall so state on the order. No permanent order shall be granted except as a final judgment after a trial on the merits.
A person subject to an order under sections thirty-two C may request that such order be modified or vacated at any time. Grounds for modification shall include, but not be limited to, hardship that would result from the person's inability to visit a tenant or a member of a tenant household, the person's need to carry out legitimate business on or near the public or subsidized housing development, or new evidence or evidence of a change in circumstances showing that it is unlikely that the person's presence in the public or subsidized housing development shall continue to pose a serious threat to the health and safety of the development.
All orders granted shall be crafted in such a manner as to minimize interference with the rights of tenant households to reasonable visitation in accordance with any orders issued in any other court proceeding.
The court shall notify the appropriate law enforcement agency in writing whenever an order issued pursuant to this section is stayed, modified, or vacated, and shall direct the agency to destroy all record of any order which is vacated, and not to act on any order which is stayed. Such law enforcement agency shall comply with court directives on stayed or vacated orders, and shall only enforce orders with a limited term during the term of such orders.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 121b - Housing and Urban Renewal
Section 3 - Housing Authorities; Creation; Dissolution
Section 3a - Regional Housing Authorities; Creation; Dissolution
Section 4 - Redevelopment Authorities; Creation; Dissolution
Section 5 - Housing and Redevelopment Authorities; Membership; Appointment; Election; Term of Office
Section 5a - Waiver of Requirement to Appoint Tenant Member to Housing Authority Board
Section 7a - Guidelines for Contracts to Be Executed by Housing Authority and Executive Director
Section 8 - Operating Agencies; Housing Authorities
Section 9 - Urban Renewal Agencies
Section 10 - Operating Agencies; Designation of Authorities
Section 11 - Powers of Operating Agencies
Section 12 - Operating Agencies; Wages; Labor Requirements; Social Security
Section 14 - Operating Agencies; Federal Loans; Conveyance Upon Default
Section 15 - Operating Agencies; Bonds, Notes, Certificates; Negotiable Instruments
Section 17 - Liability of Commonwealth or Political Subdivisions for Debts of Housing Authority
Section 18 - Preparation of Master Plans, Etc. by City or Town; Appropriation and Payment
Section 21 - Indebtedness Limitation
Section 24 - Agreement to Bear Acquisition Loss
Section 25 - Housing Programs; Statement of Emergency
Section 26 - Powers of a Housing Authority
Section 26b - Performance-Based Monitoring Program; Assessment Standards
Section 27 - Rural Housing Authority; Additional Powers
Section 28a - Annual Plan; Availability to Public for Review and Comment
Section 30 - Contract With Federal Government; Acquiring Federally Owned Project
Section 32a - Parking Areas; Rules and Regulations; Towing
Section 32d - Actions by Tenants or Tenants' Organizations
Section 32e - Jurisdiction Over Civil Actions; Appellate Review
Section 33 - Equivalent Elimination of Substandard Dwelling Units
Section 34 - State and Federal Financial Assistance; General Provisions
Section 35 - Contracts for Supplementary State Financial Assistance
Section 36 - Receipt of Loans and Grants From Federal Sources or From Other Sources
Section 38 - Housing for the Elderly and the Handicapped; Declaration of Policy
Section 38a - Bureau of Housing for the Handicapped; Director; Functions
Section 38b - Housing for the Elderly and the Handicapped; Service Coordinator Program
Section 38c - Program to Conduct Annual Surveys of Public Housing Residents
Section 40 - Provisions Applicable to Housing for Elderly and Handicapped Persons of Low Income
Section 41 - State Financial Assistance; Housing for Elderly Persons of Low Income
Section 41a - State Financial Assistance; Housing for Handicapped Persons of Low Income
Section 42 - Rental Assistance Program; Declaration of Necessity
Section 43a - Rental Assistance Program; Relocation of Residents; Leased Housing Units
Section 44 - Rental Assistance Program; Rentals and Tenant Selection
Section 45 - Urban Renewal Programs Declaration of Necessity
Section 46 - Powers of Urban Renewal Agency
Section 47 - Urban Renewal Programs; Acquisition by Eminent Domain; Notice; Petition
Section 48 - Public Hearing; Notice; Urban Renewal Plans; Approval; Acquisition of Property
Section 49 - Sale or Lease of Property Acquired for Urban Renewal Project
Section 50 - Delegation of Power to Municipality to Plan and Undertake Urban Renewal Project
Section 51 - Redevelopment Authority Taking Over Project Initiated by Housing Authority
Section 52 - Accounts and Reports of Urban Renewal Agencies; Civil Service Rules
Section 55 - State Aid for Urban Renewal; Certification and Payment of Grants
Section 56 - State Aid for Urban Renewal; Contract to Provide Financial Assistance
Section 57 - State Aid for Urban Renewal; Advance of Funds; Amount; Payments
Section 58 - Other Urban Renewal Programs; Declaration of Necessity
Section 59 - Contracts for State Financial Assistance; Rehabilitation Projects
Section 60 - Housing Preservation and Stabilization Trust Fund