There can be a variety of Orders including if the Defendant not abuse the Plaintiff; that the Defendant not contact the Plaintiff; the Defendant stay away from the Plaintiff; the Defendant vacate immediately the household and that the Defendant remain away from the house or workplace. A Restraining Order can also award the Plaintiff temporary […]
13
Feb
Who can get a Restraining Order (209A) Order in Massachusetts? The Judge can only issue a restraining order where the Plaintiff and the Defendant were married to one another; where they are living together; live in the same household; they are related by blood or marriage; have a child together; have been in a substantive […]
10
Feb
An emergency Restraining Order is issued by a Judge for up to 10 days. The Order is issued after what is called an “Ex-Parte” or where only one side is present, the Plaintiff or person seeking the Order. The Plaintiff or the person that is seeking the Order files an Affidavit explaining why they need […]
06
Feb
It is called the Juvenile Court. Judge’s look to apply something that is called the “Good Cause Test”. The Supreme Judicial Court of Massachusetts has also held that a parent who testifies in a Care and Protection does not waive their 5th Amendment Privilege in their criminal case. There are two relatively recent supreme court […]
03
Feb
There is not. You can have assets as little as $10 or millions and millions of dollars. There are different implications including tax implications regarding the amount of assets you have but anyone can have and should have a Will.
30
Jan
A Child Custody Journal is a term for keeping notes, notebook or a journal that helps provide a fairly systematic and steady journal of both good and bad events when your children are with you or the other parent. It is showing both the positives and the negatives; showing the activities that are occur; what […]
27
Jan
If there is a current child support order, then support is due to the date of the Order if the parent is not making the court ordered payments. You can file a Complaint for Contempt requesting that the Judge make a finding and issue sanctions for failure to pay the obligation that was either a […]
23
Jan
In Massachusetts if child support has never been ordered then whether it is retroactive support will depend in large part about whether the child was born during the marriage or out of wedlock. There is a presumption in Massachusetts that married couples will support each other and the children and therefore child support can only […]
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