How do you Serve Divorce Papers if My Spouse is in Jail? You can have a sheriff or Constable serve them at the prison and there usually is a coordinator to be able to properly serve them. You will still need to have them properly served whether or not they are in prison or not.
08
Oct
If your Spouse is in Prison, would your Divorce be Contested or Not? It is a similar analysis in Massachusetts to see whether or not your spouse would agree with the divorce as in agreement with things such as child custody, spousal support if any, property division, health insurance and so forth. If you are […]
05
Oct
If your spouse is incarcerated you can file for divorce? In Massachusetts you can either file for a no-fault divorce by simply saying there is a breakdown of communication in the marriage; or you can argue specific grounds for divorce which includes a prison sentence of 5 or more years and for some other fault […]
01
Oct
Can you Terminate an Abuse Prevention Order just because of the Passage of Time? To terminate an abuse protection order, “the significant change in circumstances must involve more than the mere passage of time, because a judge who issues a permanent order knows that time will pass. Compliance by the defendant with the order is also […]
28
Sep
In a Restraining Order, can a Defendant be Convicted of Violating a “No Contact” Provision under the Restraining Order 209A, where the Violation is Unknowing Accidental or Inadvertent? Under Commonwealth vs. Raymond the court held the Defendant cannot be convicted under that provision.
24
Sep
What is the Burden to Have the Order Extended for an Abuse Prevention Order (“APO) or Restraining Order (“RO”)? To extend an Abuse Prevention Order (“APO”) the Plaintiff has to pick a showing similar to that they seek during the initial Order. So, there is not a presumption from the fact that a prior Order […]
21
Sep
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 […]
17
Sep
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 […]
14
Sep
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 […]
10
Sep
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 […]
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