Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 10:00

Where testimony during abuse prevention order proceedings reveals an underlying problem of alcohol or other substance use disorder, the court may advise an appropriate person of the availability of procedures for petitioning a District Court, Boston Municipal Court, or Juvenile Court for involuntary commitment on the grounds of alcohol or substance use disorder under G.L. c. 123, § 35. Such a referral should not take the place of an abuse prevention order where the plaintiff is otherwise entitled to c. 209A relief and wishes to have an order issued.

Substance use disorder frequently contributes to the violence in relationships, although the exact nature of the connection remains unclear. One means of addressing this aspect of the problem, where there is a likelihood of serious harm as a result of the person's alcohol or substance use disorder, is involuntary commitment for up to ninety days under G.L. c. 123, § 35. That statute defines “alcohol use disorder” as “the chronic or habitual consumption of alcoholic beverages by a person to the extent that (1) such use substantially injures the person's health or substantially interferes with the person's social or economic functioning, or (2) the person has lost the power of self-control over the use of such beverages.” A “substance use disorder” is defined as “the chronic or habitual consumption or ingestion of a controlled substance or intentional inhalation of toxic vapors by a person to the extent that: (1) such use substantially injures the person's health or substantially interferes with the person's social or economic functioning; or (2) the person has lost the power of self-control over the use of such controlled substances or toxic vapors.” G.L. c. 123, § 35.See In re G.P., 473 Mass. 112 (2015), which upholds the standard of proof, admissibility of hearsay, and appellate review procedures set forth in the Uniform Trial Court Rules for Civil Commitments Proceedings for Alcohol and Substance Use Disorders, and provides substantial guidance in how to analyze whether a person's disorder poses a likelihood of serious harm.

The persons who may file a petition under G.L. c. 123, § 35 include any police officer, physician, spouse, blood relative, guardian, or court official. The specific procedural requirements are set forth in the statute, and commitment is possible for up to ninety days.