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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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How do I File for an Annulment?

  • Posted by Alexander Nesson
  • On September 26, 2019
In Massachusetts you have to file something called “Complaint for Annulment” in Probate and Family Court for the county that you and your spouse lives; or if one spouse still lives in the county that the couple last lived together the Complaint should be filed in that county.  You can get the Complaint for Annulment […]
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Is it easier to get a Divorce or Annulment?

  • Posted by Alexander Nesson
  • On September 23, 2019
In Massachusetts getting an annulment is very difficult.  An annulment is not just because the marriage was short. There has to be some significant legal criteria for you to meet in order to potentially get an annulment and the party can contest the annulment. So nearly all cases are divorces rather than annulments.  There are […]
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In a DCF Case where the Department has Permanent Custody, but Parental Rights have not been Terminated. What is the Standard of Proof?

  • Posted by Alexander Nesson
  • On September 16, 2019
In something called a Care and Protection of Erin 443 Mass 567, 571 2005.  The court determined that a burden of proof on a petition for review and redetermination that the parent must make the initial showing of the change circumstances but then that the burden shifts back to DCF that has to prove by […]
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Who has the Burden of Proof in a Petition to Remove a Guardian under the General Laws Ch. 190B Section 5-212 and what is the Standard of Proof?

  • Posted by Alexander Nesson
  • On September 12, 2019
In 2018 in the Guardianship of Calvin 94 Mass Appeals Court 448 2018 the court concluded that the parent needs to make the initial showing of a change in circumstances; such as the child no longer in need of a guardian but once the parents satisfies the initial “Burden of Production”, the guardian then bears […]
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