In a Restraining Order the Judges are encouraged to use fundamental fairness in making decisions regarding evidence. Many of the rules that you would otherwise see in a criminal or civil trial such as hearsay, authenticity of evidence is flexibly applied by the court. The Judge can also ask you questions, and the other side […]
27
Feb
In Massachusetts a restraining order is a civil order that has criminal penalties. Sometimes people ask why it is not proof beyond a reasonable doubt. Again, it is not a criminal order, but it does have criminal penalties attached and it is a civil order.
24
Feb
The Plaintiff, the person seeking the restraining order needs to prove by preponderance of evidence that they need an abuse prevention order. Preponderance of Evidence means more than 50%.
20
Feb
Mutual Restraining Orders are when both sides are seeking Restraining Orders and a Judge can issue a Mutual Restraining Order but is required to make a written finding. They are only where both parties are able to convince a Judge they have suffered abuse and both parties need protection. It is very rare, and I […]
17
Feb
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 […]
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