Krista Pratt Quoted in Massachusetts Lawyers Weekly
"Judge Extends 209A Order on Behalf of Unborn Child Over Objections of Mother Who Initially Requested the Order"

Krista Pratt was quoted in the July 27, 2009 issue of Massachusetts Lawyers Weekly in the article, "Judge Extends 209A Order on Behalf of Unborn Child Over Objections of Mother Who Initially Requested the Order." The article discussed a Chapter 209A abuse-prevention order issued by a Massachusetts District Court judge against the father of an unborn child that could be extended over the objections of the mother who sought the order in the first place. According to the article, in a motion for reconsideration, the father argued that, under the court system's judicial practice guidelines, a plaintiff is entitled to terminate a 209A order regardless of the reason given or the presence of children, and thus the judge had no authority to override the mother's wishes.

The judge noted that, "the Guidelines [do indeed] suggest that a court should not deny a plaintiff's request to vacate or modify an abuse prevention order for the sole reason that the court concluded her decision was unwise. Recognizing the protective purpose of G.L.c. 209A, there is no valid reason to deny protection here simply because the child in this case is yet to be born." In the article, Krista noted that while she sympathized with the judge's instinct to protect both the woman and the fetus, it was "deeply troubling" that, in extending the 209A order against the victim's wishes, the court applied a different standard in the case because the victim was pregnant.

Additionally, Krista mentioned, "the ruling opens the door to judicial intervention whenever a court feels a mother is acting in a manner that may be harmful to a fetus." Krista concluded, "Though you'd like to protect them, ultimately part of the process of representing any victim is giving them some degree of control over their lives. ... And though [this decision] seems to be for a benign purpose, the effect from a victim's standpoint is to limit [her] ability to control her own life and make her own decisions."