Probate and Family Court Standing Order 1-20 Juvenile Court – [https://www.mass.gov/doc/juvenile-court-standing-order-1-20-court-operations-under-the-exigent-circumstances-created-by/download] Please look at the links for the most up to date information. This is not official. Given the actual circumstances by the Coronavirus for Care & Protection matters or DCF cases the custody hearings the Judge may have done by video conference or telephone.  […]

Probate and Family Court Standing Order 1-20 Please look at the links for the most up to date information. This is not official. Probate Court – [https://www.mass.gov/doc/probate-and-family-court-standing-order-1-20-court-operations-under-the-exigent-circumstances/download] Triage or Standing Order regarding the Exigent Circumstances by Coronavirus by the Probate and Family Court. Again, the Probate and Family Court is closed along with all the […]

Please look at the links for the most up to date information. This is not official. Due to the Coronavirus all trial courts in Massachusetts are closed Monday and Tuesday, March 16th and 17th. 

If you are living in Massachusetts but you are married to a spouse who is living outside of the country is it hard to get a divorce?  It depends.  The requirement for getting a divorce in Massachusetts is one of the parties has to have lived in Massachusetts for the past year.  You could go […]

A Restraining Order will last for as long as the Judge orders it. Generally speaking, once a Judge extends the Restraining Order beyond the 10-day hearing, it is customarily for a period of one (1) year. However, a Judge can also term a Restraining Order for a shorter period of time before the next scheduled […]

Typically, the Restraining Order will expire on the date listed on the Order. If there is a good reason that the Plaintiff does not appear, then the Judge may continue the case until a later date but no longer than 1o days and that decision would be up to the Judge.

In a Restraining Order the Judges are encouraged to use fundamental fairness in making decisions regarding evidence. Many of the rules that you would otherwise see in a criminal or civil trial such as hearsay, authenticity of evidence is flexibly applied by the court. The Judge can also ask you questions, and the other side […]

In Massachusetts a restraining order is a civil order that has criminal penalties. Sometimes people ask why it is not proof beyond a reasonable doubt. Again, it is not a criminal order, but it does have criminal penalties attached and it is a civil order.

The Plaintiff, the person seeking the restraining order needs to prove by preponderance of evidence that they need an abuse prevention order.  Preponderance of Evidence means more than 50%.

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 […]