If I believe that My Spouse or Significant Other has Exhibited Violence or Threats, how do I get him/her Removed from the Home? You can either go to your local court and get a Restraining Order and if the Judge makes a determination, the Judge can order your spouse or significant other to leave the […]

If I’ve Been Served with a Restraining Order, how do I get my Property out of My House? You want to look at the particular Restraining Order carefully to determine how you can get your personal property.  Most times, the court grants you permission to at least retrieve some of the property but usually with […]

Should I use Social Media if there is a Restraining Order and How do I do That in Order to Avoid Being Accused of Violating a Restraining Order? You want to be very careful in terms of using social media depending on what the Restraining Order states. There are many times where there can be […]

What Happens to a Restraining Order if I have it in Place but I moved to Another State? Under the federal law every state should be required to enforce a valid Restraining Order issued by another state; meaning that Massachusetts will enforce a Restraining Order and other states will enforce an Order of Massachusetts.  If […]

If I have been served with a restraining order what do I do?  You need to carefully look at the Order to make sure you did not violate the Order because if you did then you can be arrested and even have to go to jail.  It is important that you obey the order. If […]

There is some case law talking about particularly if the parent has the right to counsel and whether DCF should interview the allegations and whether that would violate both federal and state constitutional rights to have an attorney.  There have been cases where even if the parents have made a full confession to DCF that […]

It still has not been completely consistent about how involved DCF would be if the parents using marijuana or even using other drugs or alcohol.  Part of what DCF looks at might be the amount, location and the impact on the parenting.  For example, if a parent is drinking significantly or using a significant amount […]

There are always some real problems with children not testifying and having their statements come into evidence.  A lot of the time, judges will use the child’s state of mind versus being substantive evidence.  It is tricky in terms of un-ringing bell that a judge would hear and a lot of the time they will […]

It is somewhat limited in terms what can occur. There have been some unpublished cases where some findings against the parent that keeps filing false allegations because has an impact on the child’s relationship with the other parent and it can be neglect.  There is not a lot of case law on this but the […]

It is somewhat limited in terms what can occur. There have been some unpublished cases where some findings against the parent that keeps filing false allegations because has an impact on the child’s relationship with the other parent and it can be neglect.  There is not a lot of case law on this but the […]