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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 24, 2020
What is the Burden to Have the Order Extended for an Abuse Prevention Order (“APO) or Restraining Order (“RO”)? To extend an Abuse Prevention Order (“APO”) the Plaintiff has to pick a showing similar to that they seek during the initial Order. So, there is not a presumption from the fact that a prior Order […]
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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 21, 2020
If I believe that My Spouse or Significant Other has Exhibited Violence or Threats, how do I get him/her Removed from the Home? You can either go to your local court and get a Restraining Order and if the Judge makes a determination, the Judge can order your spouse or significant other to leave the […]
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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 17, 2020
If I’ve Been Served with a Restraining Order, how do I get my Property out of My House? You want to look at the particular Restraining Order carefully to determine how you can get your personal property.  Most times, the court grants you permission to at least retrieve some of the property but usually with […]
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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 14, 2020
Should I use Social Media if there is a Restraining Order and How do I do That in Order to Avoid Being Accused of Violating a Restraining Order? You want to be very careful in terms of using social media depending on what the Restraining Order states. There are many times where there can be […]
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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 10, 2020
What Happens to a Restraining Order if I have it in Place but I moved to Another State? Under the federal law every state should be required to enforce a valid Restraining Order issued by another state; meaning that Massachusetts will enforce a Restraining Order and other states will enforce an Order of Massachusetts.  If […]
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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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