Massachusetts Guide to Evidence 2025 Edition MA R EVID § 505

(1)Abuse. “Abuse” means causing or attempting to cause physical harm; placing another in fear of imminent physical harm; or causing another to engage in sexual relations unwillingly by force, threat of force, or coercion.

(2)Confidential Communication. A “confidential communication” is information transmitted in confidence by and between a victim and a domestic violence victims' counselor by a means which does not disclose the information to a person other than a person present for the benefit of the victim, or to those to whom disclosure of such information is reasonably necessary to the counseling and assisting of such victim. The term “information” includes, but is not limited to, reports, records, working papers, or memoranda.

(3)Domestic Violence Victims' Counselor. A “domestic violence victims' counselor” is a person who is employed or volunteers in a domestic violence victim's program; who has undergone a minimum of twenty-five hours of training; who reports to and is under the direct control and supervision of a direct service supervisor of a domestic violence victims' program; and whose primary purpose is the rendering of advice, counseling, or assistance to victims of abuse.

(4)Domestic Violence Victims' Program. A “domestic violence victims' program” is any refuge, shelter, office, safe home, institution or center established for the purpose of offering assistance to victims of abuse through crisis intervention, medical, legal, or support counseling.

(5)Victim. A “victim” is a person who has suffered abuse and who consults a domestic violence victims' counselor for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by such abuse.