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There is a lot of information in case law about Wallace, but it can be beneficial to juveniles; particularly juveniles that have no prior misdemeanor charges because it would depend significantly on whether the court would have jurisdiction. First, suppose the application for the Complaint alleges a single minor misdemeanor or multiple minor misdemeanors from […]

The court does not have jurisdiction for the so-called 1st offense.  It is under the Ch. 69 oath for the acts 2018 and an act relative to the Criminal Justice Reform Act.  There is an interesting case called “Wallace W” which is a SJC case in Massachusetts in 2019 which provides that a 1st offense […]

Generally, a restraining order in Massachusetts must show that there is a substantial likelihood of immediate danger or abuse, that the Plaintiff would be in reasonable fear or imminent serious physical harm.  If something is inappropriate and distressing it is not something that can meet the grounds for a 209A restraining order. The vacate order […]

One of the big differences is an order for sole use and occupancy of the marital home does not carry any criminal penalties.  It also does not have a need to be renewed after ninety (90) days. The order for sole use and occupancy of the marital home is a little less clear in terms […]

There is a statue in Massachusetts called the Vacate Statute which is G.L. Ch. 208 Section 34b where a probate and family court judge can order a divorcing spouse to vacate the marital home for the need of the health, safety or welfare of the spouse that is looking to have the other party move […]

If there is shared physical custody of the child or even if the child spends a lot of time with the other parent, it does make it a more difficult burden to be able to move out of state. This would be best interest standard vs. the Yannas standard. So, it is not the real […]

The first thing that the judge would look at is what sort of formal custody order is in place. Do you have sole physical custody or not and if there has never been a formal custody order, the court would decide what the informal custody order is. Assuming you have sole physical custody of the […]

If there is not a current court order you in most cases be prudent to either get permission from the other parent or the court before you move to another state or leave the country with your child. You personally do not need to get permission for you to move out of the state, but […]

One of the biggest defenses on contempt cases is beyond the order being ambiguous or factual about whether the Defendant violated it or not it would be the inability to comply. It is clear in the statute that the Defendant has the burden, but he/she can show that he/she cannot comply with the pre-existing order. […]

In a contempt action the Plaintiff must satisfy that it was a clear and unequivocal court order and the Defendant engaged in a clear violation of that order. The beginning part of that is if the order is uncertain there cannot be a finding of contempt. So, if it has more than one meaning or […]