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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 7, 2020
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 […]
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When DCF Investigates a Case where a Parent has been Criminally Charged. What can DCF Do and What can the Parent do in Terms of Due Process and Rights?

  • Posted by Alexander Nesson
  • On July 6, 2020
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 […]
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Marijuana use and DCF Involvement.

  • Posted by Alexander Nesson
  • On July 2, 2020
It still has not been completely consistent about how involved DCF would be if the parents using marijuana or even using other drugs or alcohol.  Part of what DCF looks at might be the amount, location and the impact on the parenting.  For example, if a parent is drinking significantly or using a significant amount […]
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In DCF Cases Where you believe that the Other Parent has been filing a Variety of False Allegations against you. Is there anything that can be done?

  • Posted by Alexander Nesson
  • On June 25, 2020
It is somewhat limited in terms what can occur. There have been some unpublished cases where some findings against the parent that keeps filing false allegations because has an impact on the child’s relationship with the other parent and it can be neglect.  There is not a lot of case law on this but the […]
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In DCF Cases Where you believe that the Other Parent has been filing a Variety of False Allegations against you. Is there anything that can be done?

  • Posted by Alexander Nesson
  • On June 22, 2020
It is somewhat limited in terms what can occur. There have been some unpublished cases where some findings against the parent that keeps filing false allegations because has an impact on the child’s relationship with the other parent and it can be neglect.  There is not a lot of case law on this but the […]
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In DCF Cases in Massachusetts, a Question sometimes People ask is Can a Parent or Caretaker Appeal an Unsupported Abuse or Neglect?

  • Posted by Alexander Nesson
  • On June 18, 2020
The answer is essentially no, but you can look under 110 CMR that would explain what can be appealed and what can’t be appealed.  The reason that sometimes parents want to appeal an unsupported is that they feel that it might be the other parent or someone else that is filing false allegations but appealing […]
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The 51 A’s in a DCF Case is just an allegation

  • Posted by Alexander Nesson
  • On June 11, 2020
It can “set the stage” rather than coming in for the truth of the matter. The 51B investigation report has more details and maybe objected to or allow, but that would not be to just set the stage.
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DCF Records in Probate Court

  • Posted by Alexander Nesson
  • On June 8, 2020
In Probate and Family Court in Massachusetts if records are produced with an Order to Disclose from DCF the court has options of allowing the parties to review or copy the records. The records are unredacted so most of the time judge’s do not allow copies to be made originally. Many times, they will either […]
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