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Frequently Asked Questions in Massachusetts:

  • Posted by Alexander Nesson
  • On October 31, 2019
What is the Difference between a Temporary Custody Hearing and a “Placement Hearing”? Place decisions are within the powers of the legal custodian; which can include the DCF, 3rd party legal custodian. The court does not choose the placement that is looked at under Section 21 of the General Laws, Chapter 119 and saying whether […]
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What is the Rule for a Care and Protection of Children at the Temporary Custody Hearing and the Waiver Process?

  • Posted by Alexander Nesson
  • On October 28, 2019
Under the General Laws, Ch. 119 Section 24 or 25 under Rule 9. The Temporary Custody hearing can be waived by a parent, guardian, custodian or child.  The waiver of a parent, guardian or custodian shall be in writing signed by the parent, guardian or custodian.  Unless the parties are representing themselves, then the attorney […]
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What is the Process for a 72-hour Hearing, a Court Emergency Custody Hearing or a Temporary Custody Hearing in Juvenile Court to Determine 3rd Party Custody?

  • Posted by Alexander Nesson
  • On October 24, 2019
There is an interesting case called Care & Protection of Emanuel in Massachusetts that talks about the process where absent or waiver meaning that the parents and child waive the right to a 72-hour hearing. The court would first determine whether the custody of the children should be removed from the child’s parents; or the […]
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Digital Money or Big Coins in Divorces in Massachusetts.

  • Posted by Alexander Nesson
  • On October 21, 2019
The Financial Statements in Massachusetts are used to have the party’s discoveries; that they are able to understand the financial picture and the courts able to understand the financial picture of the other party. Some of the Financial Statements are fairly exhausted and what you have to list is fairly exhausted. However, big coins or […]
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Restraining Orders in Massachusetts:

  • Posted by Alexander Nesson
  • On October 17, 2019
What does a Prosecutor Have to Prove to Show that a Violation on a Restraining Order took place? They have to prove the case beyond a reasonable doubt; which leads to a moral certainty. They must show (1) a Restraining Order was issued to you by the court and it is valid; (2) that you […]
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What is considered a Restraining Order Violation?

  • Posted by Alexander Nesson
  • On October 14, 2019
If your alleged to violate the Restraining Order that is an alleged criminal offense.  There are a variety of different ways that it can be alleged, and it depends on what the terms of the Restraining Order are.  If there is a no contact order, certainly any phone, text, in person, having third parties contact […]
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Restraining Orders in Massachusetts:

  • Posted by Alexander Nesson
  • On October 10, 2019
What is a Restraining Order?  Is it a Civil Case or a Criminal Case? In Massachusetts a Restraining Order or Harassment Prevention Order is not a criminal case in terms of the Order itself, yet a violation of the Order would be considered a crime. Restraining Order Violations are Considered Misdemeanors under and handled in […]
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What is 410 Mandatory Self Disclosure in Massachusetts?

  • Posted by Alexander Nesson
  • On October 7, 2019
Unless otherwise agreed by the parties that in divorces and many other probate court actions the parties will have to provide Federal and State income tax returns and schedules for the past three (3) years. You will have to provide the four (4) most recent paystubs from each employer; documentation regarding the cost and nature […]
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What is a Waiver of a Temporary Custody Hearing?

  • Posted by Alexander Nesson
  • On October 3, 2019
As you can see from the attached form of what a Waiver of a typical Temporary Custody Hearing would be.  You determine whether or not you want to waive your rights to this 72-hour hearing or a custody hearing. It does not mean that you are terminating your parental rights and you would have to […]
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What is a Probate and Family Court Department Intake Report?

  • Posted by Alexander Nesson
  • On September 30, 2019
When you are meeting with Probation or Family Services which is a type of mediation.  They ask for a “Intake Form” asking if there has ever been a restraining order in the case and if it is currently in effect and what court it is in.  If so, in asking whether the address is impounded […]
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