Filing fees vary depending on the type of court action you are filing eg divorce, modification, contempt.  if you cannot afford the filing fee and summons, you can file a motion to waive fees or be paid by the state.  You need to file an affidavit of indigency and financial statement to have the court […]

“It is called “Continued without a Finding”. It is a type of disposition that has to occur prior to trial. Occasionally it can happen after trial, but typically not, typically a trial is either guilty or not guilty. What a Continuation without a Finding means is that an admission to sufficient facts that the event […]

As an attorney representing clients in the Brockton Courthouse, I have learned many “ins and outs” and some tips that might make things go smoother for you. The main Trial Court Department has significantly changed over the years. When I first practiced in Brockton, Juvenile court was next door to the old Brockton District Court […]

A Court Investigator will be appointed to the Care and Protection case under the law. They are very similar to what is called a “Guardian Ad Litem” and many times in divorces or Probate and Family Court cases. It is the Court Investigators job to gather facts about the case and write a report for […]

The hearing is closed to the public. Generally, only the parties to the case are able to be in the hearing and other witnesses have to wait outside of the courtroom. For all parties, you have the opportunity to go over the caseworker’s Affidavit or report and hear the reasons why your child was removed […]

What “ICWA” is, is something called the “Indian Child Welfare Act”. It must be proven at a higher standard than a non-ICWA case. The Petitioner who is generally, DCF, has the responsibility to determine whether the child is a member or is eligible for a membership in an Indian tribe. It is the responsibility of […]

The court will appoint an attorney to represent your minor child and the attorney will not be the same attorney who represents you. The attorney will meet his client and advocate for him or her at all court hearings. If the child is able to speak and convey his wishes, the attorney will follow the […]

In MASS, there have been a great deal of changes in recent years to having your record sealed. Now, most non-convictions, not guilty verdicts and dismissals are able to be sealed immediately. A CWOF( continuance without a finding) is eligible once you have successfully completed the probation and your case has been dismissed. Certain drug […]

A very difficult decision is in a DCF case that is going before a judge whether a parent should testify or not, or if there is criminal case investigation. Parents do have a 5th Amendment right to prevent testifying if they could potentially incriminate themselves. Criminal defense attorney would strongly recommend that the parents do […]

There are Standing Orders, including Standing Order 2-11, that the court can be allowed to use information from DCF. What can happen is, in many times if custody or visitation is before a Probate and Family Court Judge, there is awareness that either you want to bring up; or the other parent or another party […]