Dover, NH asked in Domestic Violence for Massachusetts

Q: I have a restraining order against my husband in Massachusetts. Can I relocate to New Hampshire with our son?

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Domestic Violence Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: Maybe. If you have been to any Probate & Family Court with your child then MA has jurisdiction ( Paternity action, child support action, divorce) you can't leave the state without permission from the Probate COurt. If you do it anyway, you may be ordered to do all the riving so the other parent can see your child, and there could be other consequences on that. A probate Lawyer can best help you there. If no Probate court has had jurisdiction over your child, you are Ok to move. IF you move to NH with a MA restraining order that is active, you will want to provide copies of it to local law enforcement officers for your own protection. However, when it comees up for renewal you will most likely have to apply in the jurisdiction in NH where you live at the time of it, since MA will no longer have jurisdiciton over you one you leave the state. The standards for issuance of a restraining order are likely to be very similar, but it is worth looking at as well so you have all the information you need,

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