If I answer the phone when the victim calls and talk will I also be violating the restraining order?
answered on Aug 20, 2022
YES- If she calls and you answer YOU are violating the RO. Let it go to voicemail; screen shot the incoming call and back it up because it demonstrates she is not "in fear of imminent seriously physical harm." If you DO NOT answer maybe she will call more than once which will help you... Read more »
My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... Read more »
answered on Aug 15, 2022
The operative word in the caution is "may."
In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your... Read more »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
Parental alienation. Emotional and psychological abuse. Gaslighting. I'm getting absolutely nowhere in court.
answered on Aug 27, 2020
You can check with the local Bar Associations- I believe Bristol is your county.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
answered on Feb 7, 2020
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.