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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
I am a female who was involved in an abusive relationship for 7 months in Massachusetts in 2012. Because of the relationship I became severely mentally ill and am still ill and receiving Social Security disability. I've been unable to work full time since 2013. Would I be able to file a... Read more »
I am sorry for your terrible situation. I assume this abuse happened while you were age 18 or over. Unfortunately, I believe the statute of limitations would bar any claims you may have. Typically, you have three years from the time of the incident to bring a lawsuit. The time has likely passed...Read more »
Whether he is in violation depends on the wording on the restraining order, and what is said regarding the business. If it was silent as to the business address then he can be there. If it said he could not go to the business property and whatever he did was online, he is probably OK. Once a...Read more »
It sounds like there is a Contempt of a visitation order in which case you can file a Contempt Complaint at the Court where the adjudication of Paternity or Custody and Support Complaint Orders were issued from.
Good friend in Massachusetts is the spouse and husband in a domestic violent relationship. Recently asked for divorce in a 22 yr marriage, 4 kids (1 left in the house age 13) and the spouse is physically and emotionally abused. Recently unemployed, and wife does not work. Since asking for... Read more »
No- he does not have any right to meet with a judge privately if that is what you mean. He also needs to proceed very carefully documenting the wifes abuse and outbursts too as in 2 seconds she will turn it around on him and claim he has abused her. And it is likely when a woman claims abuse that...Read more »
DV as in domestic violence? It really depends on how serious the case is. In many cases, the search is simply asking the court to run a witness's record. No record, no further search. If the accused knows areas that should be investigated, defense attorneys have a duty to investigate... or...Read more »
In some situations a victim can be forcecd to testify. You may assert your right not to testify if you have a 5th Amendment Right not to incriminate yourself as to any crime, including perjury in the charges, drug abuse etc. If you are married to the alleged abuser, you can assert marital...Read more »
Whether the case gets dismissed or not largely depends on the evidence, not just on whether you testify or not. There are many factors such as if/who made the 911 call. The 911 call may be admissible under certain circumstances, based on case law. Did the police enter the home and take pictures...Read more »
Ex is living in another state. He hasn't seen his kids for 5 years, didn't pay child support for the past year, didn't call, nothing. Filed for summer custody - judge basically laughed at him, allowed him (1) 30 minute phone call each day and 1 text to his ex per day to ask about... Read more »
It sounds like the children's father is in contempt of the "visitation" order by using his texts to do other than discuss the children so mother should bring a Contempt Complaint and also a Modification complaint seeking to terminate the contacts to her. If they threaten her life...Read more »
Back in October I had my ex boyfriend arrested for domestic violence. We had an apartment together but now he is legally not allowed here even tho his name is on the lease because I got a restraining order put on him. I’m severely struggling financially due to the fact that I was used to 2... Read more »
If you were involved in the arrest of your partner as a witness or complainant, then at his arraignment the Commonwealth requested a no contact order on your behalf. If you did not request it, or they did not speak to you about this at all, you may want to call the local Office of the District...Read more »
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