In a Restraining Order or what is also called a 209A Abuse Prevention Order there is a burden that there is a substantial likelihood of immediate danger or abuse with part of the definition being that the defendant has caused or attempted to cause physical harm, committed a sexual assault, or placed the plaintiff in […]

The idea behind the Motion to Vacate is there are some clear steps that the parent needs to take and a burden that needs to occur. Exclusive use and occupancy are something that happens often when one of the parties has already moved out.  There is also less stigma with the exclusive use and occupancy […]

A Motion to Vacate the marital home is under the Mass General Laws Ch. 208, Section 34B.  The court may issue an order to vacate although the opposing party does not reside in the marital home at the time of its issuance, or if the moving party has left such home and has not returned […]

Beyond arguing that the court Order is not clear and unequivocal or that the other side has just not met its burden, there are a couple of defenses.  A common one is an inability to follow the court Order.  For example, if someone is ordered to pay alimony and loses their job and is not […]

The Burden of Proof is in civil contempt it is called “Clear and Convincing Evidence.” The Order must be clear and unequivocal. The Order itself cannot be ambiguous and that means there might be a disagreement about what that Order means.  The Order also cannot have the gaps or omissions that might be problematic to […]

A Complaint for Contempt looks at non-compliance with any clear and unequivocal court order.  This includes both final Judgments and Temporary Orders.  They are not criminal contempt but the purpose behind it is to have the Defendant comply with a court Order and to provide a solution to the Plaintiff for that violation. Simple examples […]

Sometimes it is very clear when child support ends and other times it is not, but you do need to go to court or have the court change the child support order. There can be reasons why you would ask for this to occur if the child stops living with a parent who receives child […]

The answer is no. The Guardian Ad Litem report can be, and many times is a deciding factor for the court in terms of how the court would want to determine their decisions given the Guardian Ad Litem is generally an expert in custody and parenting time cases and as a neutral person, they do […]