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 […]

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 […]

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 […]

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 […]

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 […]

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.

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 […]

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 […]