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 […]

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 […]

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.

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 […]

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 […]