Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 20K (2026)

Domestic violence victims' counselors; confidential communications

✓ current as of July 2026
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Section 20K. As used in this section the following words shall unless the context clearly requires otherwise have the following meanings:—

''Abuse'', causing or attempting to cause physical harm; placing another in fear of imminent physical harm; causing another to engage in sexual relations against his will by force, threat of force, or coercion.

''Confidential communication'', 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 includes all information received by the domestic violence victims' counselor which arises out of and in the course of such counseling and assisting, including, but not limited to, reports, records, working papers, or memoranda.

''Domestic violence victims' counselor'', a person who is employed or volunteers in a domestic violence victims' program, who has undergone a minimum of twenty-five hours of training and 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.

''Domestic violence victims' program'', 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.

''Victim'', 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.

A domestic violence victims' counselor shall not disclose such confidential communication without the prior written consent of the victim, except as hereinafter provided. Such confidential communication shall not be subject to discovery in any civil, legislative or administrative proceeding without the prior written consent of the victim to whom such confidential communication relates. In criminal actions such confidential communication shall be subject to discovery and shall be admissible as evidence but only to the extent of information contained therein which is exculpatory in relation to the defendant; provided, however, that the court shall first examine such confidential communication and shall determine whether or not such exculpatory information is therein contained before allowing such discovery or the introduction of such evidence.

Notes of Decisions
Cited in 10 cases, 1997–2018 · leading case: Commonwealth v. Dwyer, 859 N.E.2d 400 (Mass. 2006).
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Commonwealth v. Dwyer, 859 N.E.2d 400 (Mass. 2006). · cites it 2× “233, § 20J; or a domestic violence victims’ counsellor, see G. L. c. 233, § 20K. 3 A judge’s determination that any records sought are presumptively privileged shall not be appealable as an interlocutory matter, and shall carry no weight in any subsequent challenge that a record…”
Commonwealth v. Sheehan, 755 N.E.2d 1208 (Mass. 2001). “233, § 20J (sexual assault counsellor privilege); G. L. c. 233, § 20K (domestic violence victims’ counsellor privilege); G.”
Commonwealth v. Vega, 866 N.E.2d 892 (Mass. 2007). “233, § 20J, as are communications with domestic violence counsellors under G. L. c. 233, § 20K. Although neither of these latter two provisions contains the word “privilege,” they nonetheless have been held to create an evidentiary privilege.”
Commonwealth v. Oliveira, 728 N.E.2d 320 (Mass. 2000). “487, 489 (1997) (heightened Fuller standard of relevance applies to records protected by domestic violence counselling privilege in G. L. c. 233, § 20K). “In our view, the decision in Bishop .”
Commonwealth v. Pare, 693 N.E.2d 1002 (Mass. 1998). “216 (1996), changed the Stage Two standard for privileged rape counseling records (G. L. c. 233, § 20J) from a “likely to be relevant” inquiry.”
Commonwealth v. Zane Z., 743 N.E.2d 867 (Mass. App. Ct. 2001). “487, 489 (1997) (expansive language stating that standard and procedures in Fuller better than those in Bishop, but limiting holding to records privileged under G. L. c. 233, § 20K), with Commonwealth v.”
Commonwealth v. Tripolone, 681 N.E.2d 1216 (Mass. 1997). “New Hope declined to comply with that order which had been entered pursuant to G. L. c. 233, § 20K, inserted by St. 1986, c.”
In re a Grand Jury Subpoena, 722 N.E.2d 450 (Mass. 2000). “233, § 20J (sexual assault victim’s counsellor); G. L. c. 233, § 20K (domestic violence victim’s counsellor); G.”
Commonwealth v. Spinney, 13 Mass. L. Rptr. 49 (Mass. Super. Ct. 2001). “216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass.”
In re Adoption Giselle, 102 N.E.3d 1033 (Mass. App. Ct. 2018). · cites it 2× “" On appeal, the father claims that the judge erred in admitting that testimony because it was privileged pursuant to G. L. c. 233, § 20K. 3 The argument is unavailing.”
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