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What is the Major Difference between a Restraining Order or a 209A Order versus a Vacate Order of a Marital Home?

Posted by Alexander Nesson
On November 20, 2023

Generally, a restraining order in Massachusetts must show that there is a substantial likelihood of immediate danger or abuse, that the Plaintiff would be in reasonable fear or imminent serious physical harm. If something is inappropriate and distressing it is not something that can meet the grounds for a 209A restraining order. The vacate order […]

Posted by Alexander Nesson
On November 13, 2023

One of the big differences is an order for sole use and occupancy of the marital home does not carry any criminal penalties. It also does not have a need to be renewed after ninety (90) days. The order for sole use and occupancy of the marital home is a little less clear in terms […]

Posted by Alexander Nesson
On November 6, 2023

There is a statue in Massachusetts called the Vacate Statute which is G.L. Ch. 208 Section 34b where a probate and family court judge can order a divorcing spouse to vacate the marital home for the need of the health, safety or welfare of the spouse that is looking to have the other party move […]

Posted by Alexander Nesson
On September 11, 2023

If there is shared physical custody of the child or even if the child spends a lot of time with the other parent, it does make it a more difficult burden to be able to move out of state. This would be best interest standard vs. the Yannas standard. So, it is not the real […]

Posted by Alexander Nesson
On September 4, 2023

The first thing that the judge would look at is what sort of formal custody order is in place. Do you have sole physical custody or not and if there has never been a formal custody order, the court would decide what the informal custody order is. Assuming you have sole physical custody of the […]

Posted by Alexander Nesson
On August 28, 2023

If there is not a current court order you in most cases be prudent to either get permission from the other parent or the court before you move to another state or leave the country with your child. You personally do not need to get permission for you to move out of the state, but […]

Posted by Alexander Nesson
On August 21, 2023

One of the biggest defenses on contempt cases is beyond the order being ambiguous or factual about whether the Defendant violated it or not it would be the inability to comply. It is clear in the statute that the Defendant has the burden, but he/she can show that he/she cannot comply with the pre-existing order. […]

Posted by Alexander Nesson
On August 14, 2023

In a contempt action the Plaintiff must satisfy that it was a clear and unequivocal court order and the Defendant engaged in a clear violation of that order. The beginning part of that is if the order is uncertain there cannot be a finding of contempt. So, if it has more than one meaning or […]

Posted by Alexander Nesson
On August 7, 2023

The standard is clear and convincing evidence of the violation of clear and unequivocal court order. Clear and convincing evidence is more than a civil case which is a preponderance of evidence in anything more than 50% and less than reasonable doubt in a criminal case. Again, it is more than preponderance of evidence but […]

Posted by Alexander Nesson
On July 31, 2023

A Complaint for Contempt addresses non-compliance with a court order. That includes not only filing Judgments but also Temporary Orders. Most of the Contempt actions are civil in nature. It is used when a party seeks to enforce a court order or judgment. If either party violates a court order that may be considered a […]

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What is the Major Difference between a Restraining Order or a 209A Order versus a Vacate Order of a Marital Home?

What is the Difference Between a Vacate Order for a Marital Home and Sole Use and Occupancy of a Marital Home?

What is the Standard to Having a Divorce Parent Vacate the Marital Home?

In Massachusetts How does a Judge Decide on Whether or Not to Let a Parent Leave the State?

In Massachusetts How does a Judge Decide on Whether or Not to Let a Parent Leave the State?

Can I leave Massachusetts with my Child?

What are Some of the Defenses on Contempt Cases?

On Contempt Cases What Does It Mean that the Order must be Clear and Unambiguous?

In a Contempt Action in Probate and Family Court What does the Plaintiff Have to Show Contempt on the Defendants Part?

In Probate and Family Court What is a Complaint for Contempt?