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What Happens in terms of Evidence in a Restraining Order?

  • Posted by Alexander Nesson
  • On March 2, 2020
In a Restraining Order the Judges are encouraged to use fundamental fairness in making decisions regarding evidence. Many of the rules that you would otherwise see in a criminal or civil trial such as hearsay, authenticity of evidence is flexibly applied by the court. The Judge can also ask you questions, and the other side […]
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In Massachusetts is a Restraining Order Civil or Criminal?

  • Posted by Alexander Nesson
  • On February 27, 2020
In Massachusetts a restraining order is a civil order that has criminal penalties. Sometimes people ask why it is not proof beyond a reasonable doubt. Again, it is not a criminal order, but it does have criminal penalties attached and it is a civil order.
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What are Mutual Restraining Orders in Massachusetts?

  • Posted by Alexander Nesson
  • On February 20, 2020
Mutual Restraining Orders are when both sides are seeking Restraining Orders and a Judge can issue a Mutual Restraining Order but is required to make a written finding. They are only where both parties are able to convince a Judge they have suffered abuse and both parties need protection.  It is very rare, and I […]
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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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