What does a Prosecutor Have to Prove to Show that a Violation on a Restraining Order took place? They have to prove the case beyond a reasonable doubt; which leads to a moral certainty. They must show (1) a Restraining Order was issued to you by the court and it is valid; (2) that you […]

If your alleged to violate the Restraining Order that is an alleged criminal offense.  There are a variety of different ways that it can be alleged, and it depends on what the terms of the Restraining Order are.  If there is a no contact order, certainly any phone, text, in person, having third parties contact […]

What is a Restraining Order?  Is it a Civil Case or a Criminal Case? In Massachusetts a Restraining Order or Harassment Prevention Order is not a criminal case in terms of the Order itself, yet a violation of the Order would be considered a crime. Restraining Order Violations are Considered Misdemeanors under and handled in […]

Unless otherwise agreed by the parties that in divorces and many other probate court actions the parties will have to provide Federal and State income tax returns and schedules for the past three (3) years. You will have to provide the four (4) most recent paystubs from each employer; documentation regarding the cost and nature […]

As you can see from the attached form of what a Waiver of a typical Temporary Custody Hearing would be.  You determine whether or not you want to waive your rights to this 72-hour hearing or a custody hearing. It does not mean that you are terminating your parental rights and you would have to […]

When you are meeting with Probation or Family Services which is a type of mediation.  They ask for a “Intake Form” asking if there has ever been a restraining order in the case and if it is currently in effect and what court it is in.  If so, in asking whether the address is impounded […]

In Massachusetts you have to file something called “Complaint for Annulment” in Probate and Family Court for the county that you and your spouse lives; or if one spouse still lives in the county that the couple last lived together the Complaint should be filed in that county.  You can get the Complaint for Annulment […]

In Massachusetts getting an annulment is very difficult.  An annulment is not just because the marriage was short. There has to be some significant legal criteria for you to meet in order to potentially get an annulment and the party can contest the annulment. So nearly all cases are divorces rather than annulments.  There are […]