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What does a Massachusetts Restraining Order Do?

  • Posted by Alexander Nesson
  • On February 17, 2020
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 […]
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Frequently asked Questions about a Restraining order:

  • Posted by Alexander Nesson
  • On February 13, 2020
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 […]
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What is an Emergency Restraining order in Massachusetts?

  • Posted by Alexander Nesson
  • On February 10, 2020
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 […]
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In Massachusetts What is the Standard Order to use DCF or Care & Protection Court Records and Transcripts if they are in a Criminal Case?

  • Posted by Alexander Nesson
  • On February 6, 2020
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 […]
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What is a Child Custody Journal?

  • Posted by Alexander Nesson
  • On January 30, 2020
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 […]
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In Massachusetts when there is a Retroactive Child Support Issue in a Case when there is a not a Current Child Support Order.

  • Posted by Alexander Nesson
  • On January 23, 2020
In Massachusetts if child support has never been ordered then whether it is retroactive support will depend in large part about whether the child was born during the marriage or out of wedlock. There is a presumption in Massachusetts that married couples will support each other and the children and therefore child support can only […]
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IN MASSACHUSETTS WITH CHILD SUPPORT DOES THE PARENT RECEIVING MONEY HAVE TO ACCOUNT FOR WHAT IT IS BEING USED FOR TO BENEFIT THE CHILD?

  • Posted by Alexander Nesson
  • On January 20, 2020
Although, a frequent question and a large concern of the parent paying the child support in Massachusetts there does not have to be an accounting or specifics of what the child support is being used for by the party that is receiving the child support.  In general, Massachusetts assumes things such as food, shelter, clothing […]
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What is Parental Unfitness?

  • Posted by Alexander Nesson
  • On December 5, 2019
There are a variety of factors in the Massachusetts General Laws Chapter 210, Section 3C to determine parental unfitness.  Not limited but includes where the parents abused or neglected the child or another immediate family member. The parents have maintained contact with the child for previous 6 months. The child who is 4 or older […]
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