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Massachusetts Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence for Massachusetts on
Q: Hi me and my son have restraining orders against each other and there is a no contact order. However I received a

Facebook message from someone he knows stating how he doesn’t want me anymore, how I’m playing on their phone and how he cheated on me when I was pregnant, all lies and irreverent but the person is knows him and is obviously speaking on his behalf so should I report this

2 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Joseph B. Simons
Joseph B. Simons answered on Sep 4, 2021

If the case ended with a dismissal, you can petition the court anytime. If it was a conviction, you need to wait 3 years for a misdemeanor or 7 years for a felony. I do a lot of petitions to seal, so feel free to call if you have any questions: 781-797-0555.

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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Massachusetts on
Q: Can family judges be changed? Are children supposed to be removed when their parent has a restraining order on them?

I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife,... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 7, 2021

The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Probate for Massachusetts on
Q: I was accused of drug use with zero history of drug usage. In family and probate. Pat.g. Parents. Are temp gaurdians

My son and I were physically assaulted by my now ex. My sons father. He is being charged with 3 counts a&b and 2 counts suffocation/strangulation. He was bonded on $5000 bail, plus gps and zero contact with myself and our son. He was found to be a danger. After this transpired, my decade long... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 7, 2021

If you are seeking custody of the child and opposing guardianship of paternal grandmother then you should engage counsel to represent you if you are able to do so. In contesting guardianship an indigent parent can have court appointed counsel via motion to the court requesting same. The is random... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: I asked a hair follicle drug test question prior

Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Massachusetts on
Q: How much trouble could my mom get in for being abusive?

My mom's is somewhat physically abusive, extremely emotionally/ mentally abusive (example: threatening suicide) and also threatens me and my brother a lot (example: "I'm gonna slit your throat and watch you bleed"). She has also denied me food and various occasions, punished me... Read more »

Kimberly Winslow
Kimberly Winslow answered on Mar 15, 2021

Are you a minor? You can talk to a trusted teacher or guidance counselor at school. Another option would be to self-report to the Department of Children and Families by calling 508-910-1000. More information is available here:... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: unable to see evidence before trial.

I recently had a trial for custody and ended up loosing based on false information. My ex, who abused me utilized DCF to hurt me. the power of DCF is so strong that regardless of my therapist saying: "I never seen anything like it. The poor girl had no chance no matter what she did." My... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 11, 2021

It is likely that an appeal would not be successful as the judge is the fact finder and assesses credibility. It is possible that remaining in an abusive relationship was neglectful. You do not state whether you have any issues or what the DCF found as a result of their involvement with your family... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Massachusetts on
Q: Where can I find a pro bono lawyer for child custody in Taunton, MA?

Parental alienation. Emotional and psychological abuse. Gaslighting. I'm getting absolutely nowhere in court.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 27, 2020

You can check with the local Bar Associations- I believe Bristol is your county.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Probate for Massachusetts on
Q: Why doesn't MA take parental alienation seriously?

I have exhausted all options I could think to do. Modifications, motions, emergency motions, DCF reports, attempted to have a GAL appointed, ARC attorney only telling court her wishes. Nobody sees an issue with this. A good relationship to a nonexistent one. The hate and anger coming from my child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 27, 2020

Not sure what you are trying to do at this point. If counseling is ordered then you should comply with the Court's Order. Is there a review hearing date? If so you will need to report that counseling has not gone well and are concerned that there should be separate individual counseling for... Read more »

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Massachusetts on
Q: What to do when a custody issue isn't taken seriously by the court?

Simple. My daughter and I had a great relationship 6 months ago to absolutely nothing. The court has a mountain of evidence proving emotional and psychologically abuse.

The ARC attorney is only sharing my daughter's wishes. I filed motions, emergency motions, contempt actions as well... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 26, 2020

Has your case gone to trial or is it at the temporary orders stage? Temporary orders can be changed as circumstances change ,so although there is an Interlocutory appeal process generally cases are appealed that have gone to Judgment and there are rules of procedure that must be promptly followed... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: What can i do to help my boyfriend after my daughter made false assault and battery charges on her stepfather?

She said that he punched and kneed her in the face for not cleaning the room i was there the whole time but i was never really question on by dcf not the police she had no injuries consistent with that hes been in her life for a long time we all live together.

Joseph B. Simons
Joseph B. Simons answered on Aug 23, 2020

The best thing you can do for your boyfriend is to make sure he has an excellent criminal defense attorney. Domestic violence charges - probably "assault and battery on a family or household member" - are prosecuted quite harshly in Massachusetts. It sounds like you will make a good... Read more »

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: I have to appear for a pretrial for domestic violence and I'm not sure what to say or do.

My wife and I were under a lot of stress and ended up in an argument. While I was sitting on the couch she hit me in the head and so I pushed her. She ended up tripping on a dog bowl and falling down. She was so angry she called 911, told them I pushed her, then hung up refusing to answer when they... Read more »

Lissa McKinney
Lissa McKinney answered on Aug 12, 2020

YOU should not handle the pretrial hearing alone. You really need to have a lawyer and gget one if the COurt willnot give you one. Your arraignment signifies to you that the beginning of a CRIMINAL PROCESS. Neither you nor your wife control the criminal process or the result. The... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: What are my options at virtual mediation? Child wants to stay with me and it is much safer here anyway.

High-conflict divorce and custody dispute, with ex having a lifelong history of mental illness diagnoses and treatments. Divorce and custody arrangement finalized in a previous state of residence where she still resides. Child is currently with me in MA and has been since the start of the pandemic.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 16, 2020

Because the child has not been living in Massachusetts for at least 6 months, our Probate Courts do not yet have jurisdiction over custody and visitation as the former state of residence still is the home state until then. However, if there is a safety concern about the child going to the other... Read more »

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... Read more »

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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for Massachusetts on
Q: How would I go about filing a lawsuit for parental alienation against my daughter's father and his wife?

Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2020

Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... Read more »

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: I have a restraining order against my husband in Massachusetts. Can I relocate to New Hampshire with our son?
Lissa McKinney
Lissa McKinney answered on Apr 15, 2020

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... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Health Care Law for Massachusetts on
Q: Will the Judge in Family Probate, still require me to take a drug test if I prove I'm being falsely accused?

My daughter's father is falsely accusing me of using drugs and/or improperly using drugs. He's requesting I take a hair follicle test but I have evidence to prove that. How would I go about filing for slander, disobeying court orders and being falsely accused? Also, I entered a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 12, 2020

Usually random drug screens through the Court's probation department provider would be ordered where there is such an accusation. If you are willing to do so you can also ask the Court to have father so screened. The focus should be on establishing that you are not abusing drugs and are able... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Will my sons father do jail time for a second time for a second offense against me in Massachusetts?
Lissa McKinney
Lissa McKinney answered on Feb 15, 2020

Your question just cannot be answered as it has too little factual information. Was he on probation for the 1st when the 2d happened? are you on board with the prosecution or not planning to testify? Are there photos/medical/hospital reports? Generally the more serious any injury impacts the case... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Massachusetts on
Q: Lots of resources for physical abuse, but what options do I have for psychological / legal abuse, slander & harassment?

Physical abuse victims have many resources, but what about those being harassed, slandered, stalked & tormented by a malicious sociopath? Sociopaths strategically execute their schemes covertly, staying “under the radar” which keeps them just inside the law so they avoid exposure &... Read more »

William Barabino
William Barabino answered on Feb 7, 2020

Dear Questioner,

Thank you for your question.

Without knowing more specifics about your situation, I cannot give you direct legal guidance, but I would say that one option that may be available to you in Massachusetts is obtaining a Chapter 258A or Harassment Prevention order....
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Boyfriend is in litigation with an old business partner/girlfriend. She was granted an order of protection against him.

FB still showed him in a relationship with their original anniversary date. Her name did not show as they were no longer friends. He thought he could just update the anniversary date to when we met, which he did. For some reason FB tagged her in it & updated the relationship status as them... Read more »

William D. Kickham Esq.
William D. Kickham Esq. answered on Sep 16, 2019

I'm surprised that your question says that "His attorneys are making it sound like he has no chance". It's not clear to me if those attorneys are licensed in AZ or MA, but my professional opinion - based on the information you've provided above - is that the person has a... Read more »

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