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Massachusetts Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights and Juvenile Law for Massachusetts on
Q: we have an ongoing dcf case with our daughter... What is a standard time frame before being reunited. thank you
James L. Arrasmith
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answered on Mar 14, 2024

The timeline for reunification in a DCF (Department of Children and Families) case can vary significantly depending on the specific circumstances of your case. However, I can provide some general information:

1. The primary goal of DCF is to ensure the safety and well-being of the child....
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1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18

none

James L. Arrasmith
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answered on Dec 25, 2023

In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're... View More

1 Answer | Asked in Internet Law and Juvenile Law for Massachusetts on
Q: Hi so my ex girlfriend still had access to my instagram and she went through it months after we broke up and read

through it months after we broke up and read through my messages with another girl where we talked sexually and sent it out to my parents and my job and I got fired because of it is that illegal

T. Augustus Claus
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answered on Aug 4, 2023

In Massachusetts and many other jurisdictions, unauthorized access to someone else's social media account or personal information without their consent can be considered a violation of privacy and may be illegal. This act is often referred to as "hacking" or "unauthorized access... View More

1 Answer | Asked in Family Law, Juvenile Law and Probate for Massachusetts on
Q: What does the request by a family court to file a motion to waive a citation mean?

I have recently filed for the name change of my child. The Probate and Family Court returned the petition and all necessary documents, along with the reason for returning being that I should file a motion to waive the citation signed by both parents. i don't understand this request, what... View More

Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts family court, a request to file a motion to waive a citation means that the court is asking you to submit a formal request to waive the requirement of serving a citation to the opposing party. By waiving the citation, the court aims to expedite the legal process.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Massachusetts on
Q: I let my 17 year old son go from Massachusetts to North Carolina to visit his father his father agreed to bring him home

now his father is telling me he's no longer going to let him come home what are my rights I've been raising him for the last 17 years and his father owes over $100,000 in child support in Massachusetts what can I do to get my son back legally?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 1, 2022

If you are the primary custodial parent he is in Contempt and a Contempt Complaint should be filed in the Court where your custodial orders were established ASAP with a Motion and Affidavit for Emergency hearing to have the child brought back to Massachusetts also potentially has also violated... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: If your are caught around people underage drinking however you weren’t are you still entitled to a misdemeanor?

Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still... View More

Lissa McKinney
Lissa McKinney
answered on Jul 14, 2022

basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood... View More

1 Answer | Asked in Consumer Law, Criminal Law and Juvenile Law for Massachusetts on
Q: At a private business can photos be taken without the consent of the employee's

At a private business in MA, a neighbor who has been harassing the employees continues to come down every weekend to take pictures of minors while they work. She says it is for going after the owner for tax reasons however, the minors have stated to her that they do not consent to being filmed. Is... View More

Lissa McKinney
Lissa McKinney
answered on Oct 2, 2020

There are a few issues here, so the answer rather depends. IF a neighbor can see from her property or a public street and take pictures it is probably legal. If she must trespass to take pictures then it may be a criminal trespass. It also sounds like harassment that may or may not fit the law on... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: My 16 year old son recently received a criminal citation in the mail, we want to fight it. Who signs the back me or him?

WPD came to my house after talking previously with my sons friends. So I went on the porch to talk when my son made a bad choice & rode down the street away from all of us. The cop began talking bad about my son to his friends & realized I was there.He then assumed that I was ok with what... View More

Lissa McKinney
Lissa McKinney
answered on Jul 20, 2020

Your son signs the citationon that back. Be sure you read the instructions very carefully too as it involves payment of a processing fee and you will not get the hearing if it isnt paid. Then you will be notified f a clerks hearing where you can oppose the issuance of the criminal complaint. Your... View More

1 Answer | Asked in Juvenile Law for Massachusetts on
Q: If a 14 year old runs away from home and continues on the run for a year, will their face be on the news?
William Barabino
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William Barabino
answered on Apr 13, 2020

I hope so. A 14 year old should not be unaccounted for. The police is the first person you should contact. They can notify and direct you proper supports and services, including investigating the disappearance.

1 Answer | Asked in Juvenile Law, Libel & Slander and Sexual Harassment for Massachusetts on
Q: My child continues to get harrassed in person and on social media. A female posts statements claiming my son "sexually

harrassed" her. She sent it through snap chat. It is not accurate. What are my son's rights. BTW both ages are 14 years old.

Lissa McKinney
Lissa McKinney
answered on Aug 24, 2018

You are in a tricky spot to navigate as there are so many ways to go and so many pitfalls too. Have you contacted the police about the cyber-bullying? If they are in the same school, have you notified the school so they can intervene on the bullying as well? As for the harassment, if they were... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Massachusetts on
Q: I reside in Massachusetts had my child since she was born till I decided willing to let the father have one child

And I have the other we had a verbal agreement things where great up to about two or theee months ago where he stop answering my calls and text and Facebook messages for my daughter he never not once cared to speak to his other daughter that I have but that never stop me from reminding him and... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 20, 2018

If you are living in Massachusetts with one of the children, Massachusetts has jurisdiction over that child. However, if the other child is living in another state for 3 years Massachusetts does not have jurisdiction over the other child- the other state does . You have not stated whether there was... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Massachusetts on
Q: Is there anything I can do if DCF is threatening to force me to live with my other biological parent?

I'm 17 years old. I don't wish to have any contact with my biological father for personal reasons I believe are valid. In early 2017, my parents went to court about visitation and I won so, I haven't been forced to visit, talk, etc...with him. Recently, he called DCF on my mother... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 20, 2018

it looks like you need to promptly be seen by your pediatrician and/or psychiatrist concerning the medications not bringing you relief and the absence of medication is apparently worsening how you are feeling. Your failure to attend school on time is an indice of neglect which needs to be addressed... View More

1 Answer | Asked in Family Law and Juvenile Law for Massachusetts on
Q: Is there any help I can get to move out from Massachusetts to providence Ri without my parents permission

Im 17 and pregnant.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

You can file for emancipation in court. Be warned: sex with a minor is a crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

2 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Patents (Intellectual Property) for Massachusetts on
Q: Where can I turn for real help with an out of control 12 year old when the police wont help?

He has physically hurt his 8 year old brother. He doesn't listen to his father or me. Yells at us, hits walls, throws things and does as he wants.Leaves thw house when he wants, tells us he isnt doing chores becuase he isnt a slave. I am scared of him, what he can do to me and my yougest son.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 27, 2017

Perhaps therapy is the answer. You and your husband may start with a therapist to learn how to deal with this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

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1 Answer | Asked in Juvenile Law for Massachusetts on
Q: My 17 - year old son is being targeted by the School Resource Officer. Can they question him without a parent present?

Many events they are asking about occur outside of school hours or property. Neither his father nor I are ever called or informed that this is happening. We are not sure if we need to intervene or let it continue. My son is only a junior, so he is potentially looking at another whole year of... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 27, 2017

It depends on the facts at play here. They can typically speak with students without parental permission each time, but if they're harassing him without cause, that's a different story. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Juvenile Law for Massachusetts on
Q: your at a house that burned down and the kid who owned it was there throwing a party, can you get in trouble if caught

Ok so i was at a party and the kid who owned the house was there but the house was burned down but he doesnt own it anymore the insurance does. I got caught by the police and they said i might get charged with breaking and entering. The kid who threw the party at his burned down house opened the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 7, 2017

I hear no case for B&E if you were invited into the house by the owner, but if the boy didn't own the house, then that might qualify as B&E. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Adoption, Family Law and Juvenile Law for Massachusetts on
Q: Im 16 years old in MA, what are my best options of leaving my house? that can not get in legal trouble, of course.
Ali Shahrestani,
Ali Shahrestani,
answered on May 2, 2017

You'd have to file for emancipation in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: My daughter is 14yrs old was in the school bathroom set a paper on fire then put it out she was suspended for 11 days.

The other 2 girls 1 day now we have to go to court what will happen with the outcome this will be her first time in court.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

She may be facing a misdemeanor, which may involve juvenile incarceration, a fine, probation, and/or community service. She may also face expulsion.

See: http://www.aeesq.com/education-lawyer/school-campus-crimes/

More details are necessary to provide a professional analysis of...
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1 Answer | Asked in Consumer Law, Contracts, Collections and Juvenile Law for Massachusetts on
Q: Am I liable for my underage son's eBay and PayPal account balances

My 14 year old son secretly created an ebay and a paypal account. On the eBay account he sold a few items, the money was transferred to the PayPal account where he spent it on in video game purchases. He never sent the items and eBay issued the buyers a refund along with service charges which put... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

Yes, you may indeed be sued for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: My step son was just arrested for armed robbery. Assault on a person over 60.And larceny.. He is 16. What's he Lookin at

He has a prior record for stealing a police mountain bike, and vandalism.. So he's not squeaky clean. And the person he assaulted got 5 staples in his head

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

This sounds like it would be charged as a felony, and he might be tried as an adult. He may be facing prison years, especially if he used a gun, and restitution fines. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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