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 […]
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 […]