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Massachusetts Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can a victim be forced to testify
Lissa McKinney
Lissa McKinney
answered on Oct 30, 2018

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... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: My boyfriend was arrested for Domestic assault and battery. He did not touch me. Will the case get dismissed.
Lissa McKinney
Lissa McKinney
answered on Sep 13, 2018

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... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: Girlfriend's ex is becoming harassing, threatening and also stalking. Need advice what steps to take.

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 3, 2018

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... View More

1 Answer | Asked in Domestic Violence and Small Claims for Massachusetts on
Q: Would I be able to take my ex to court and win the case?

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... View More

John Espinosa
John Espinosa
answered on May 1, 2018

You could file a small claims case in housing court https://www.mass.gov/service-details/small-claims-in-housing-court

Here is some info about utility shutoffs https://www.masslegalhelp.org/housing/lt1-chapter-6-protections-against-shut-offs

For more help try calling legal aid in...
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1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Can a no contact order be filed between me and another person on my behalf if I didn't consent

My partner was arrested and they were told there's a no contact order but I never filed one could there still be one and when would I be served.

Lissa McKinney
Lissa McKinney
answered on Apr 11, 2018

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... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Massachusetts on
Q: Is it legal for a husband to search through his wife's phone?
Lissa McKinney
Lissa McKinney
answered on Apr 11, 2018

There are no laws that make it illegal per se, unless he hacked into it and committed a cyber crime. There are many variables in play here otherwise. That might depend on who holds the account for the phone, who purchased it, and whether any family funds paid the bill for it; or whether it was... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: What are the options for me to ignore a person from your past that made you feel manipulated

there’s this boy who I’ve known since I was 14 and he wanted pictures of me so he asked I said no and he asked again but he said “Do it.” And it kept going on and off until he stared to blackmail me again saying if I don’t do what he’s asking he’s gonna expose me to the world. This... View More

Lissa McKinney
Lissa McKinney
answered on Apr 11, 2018

I am a bit unclear whether you ever gave him the pictures and now he wants more, or he is just pestering you for them.

If he is truly blackmailing you by threatening to expose a picture of you publicly, that is called extortion, and is also a cyber crime and criminal harassment. Screen...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: dcf is going to give my kids to my wife what can do to prevent that?

She was charged for domestic abuse and the children were taken from me saying the house was unsafe

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 21, 2018

Was the house unsafe because of the domestic abuse which was observed by the children? If so, you would need to separate yourself from your wife-filing for divorce, e.g.,moving to another residence away from the abuser are such actions.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Probate for Massachusetts on
Q: My divorce won’t be absolute until 4/6. I was advised to go for an emergency motion for sole custody...my chances?

My ex husband is refusing to communicate with me about our sons medical care during his visitation. On two separate occasions I’ve picked my son up and his breathing has been exasperated as if he hadn’t received any treatment. This past weekend, he had him and I picked him up Sunday and after... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 29, 2018

Was the visitation situation different before the divorce? How old is the child? perhaps visits overnight are premature. Was he attentive to the asthma then prior to the divorce and now is not taking it seriously? Was this a new diagnosis? What does the pediatrician indicate about the child's... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: I got a restraining order against my ex. They were never able to serve him.

A week after i went to court and dropped the restraining order because i do want to work things out. However, he recieved a note from the sheriffs department asking that he contact them. Could they still be trying to serve him even after i dropped it? I filed the restraining order in Massachusetts... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Is it a criminal or family law order? 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, testimonials, and media appearances/... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Probate for Massachusetts on
Q: If there is a aggravated assault and battery case but it was an accident can the state drop the charges

If he hit my phone out of my hand and it hit my stomach and im pregnant it was an accident can they drop the charges if i tell the DA that it was a accident and he didn't intentionally try to hurt me or the baby?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 5, 2017

The DA decides whether to file or move to dismiss charges, not the victim. The victim can testify as to the facts. 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... View More

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Im separated with my wife,there is no child support order from court. Hiw can i support my son. And how can i see him.

My wife lives in a shelter with my son, and there is no legale separation filed yet or a divorce filed. There is no child support order from court, and i want to support my son finnancially and i want to ger visitation right, how can i support my son and how to get visitation time. I didnt see hime... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 26, 2017

You can file for child custody in court. Child support is paid to the mom pursuant to a court order. 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,... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Can have a demostic violence charge and not face prison time

I never asaulted the victim with a close fist or raised my hand to asault the victim. I intend classes for Demostic violence and seek parenting counciling. Will this help my case

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 25, 2017

You shouldn't discuss such case facts in a public forum, as this can be used against you in your case. 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

1 Answer | Asked in Criminal Law, Domestic Violence, International Law and Internet Law for Massachusetts on
Q: I am threatened and blackmailed by someone in another country. Can US police do anything about it?

My boyfriend living in another country has been blackmailing me with revenge porn and has threatened my life several times. I have lots of proof of this in text messages. When we met he also abused me. I don't know if going to the police will help because I have heard they have no jurisdiction... View More

Brian Lehman
Brian Lehman
answered on Feb 8, 2017

The state has jurisdiction when its citizens are harmed or threatened. The more likely reason for this response is that they do not want to get involved because he is overseas and it takes a lot of effort to get him. Does he ever travel back to the states?

Here is a chart outlining the...
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1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for Massachusetts on
Q: I packed some things to leave the house because my wife and I were arguing and took the phone that she uses

The phone payment and the bill are in my name. She pushed me into the wall then grabbed my crotch trying to get the phone. There was a landline in the basement so she had access to 911. She lied on a ex parte order to get a restraining order. I've been contimplating pressing charges it's... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

You would be best advised to report the matter to the police as soon as possible. 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 practice website. I practice law... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: My ex was staying at this guy's house temporarily until apartment was looking for was ready that he was goin

He said there was nothing between them it was just there for the drugs and the place temporary my ex was in a bad accident and he was not allowed to see him by the family what right does he have to put a restraining order on me

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It depends on whether you've been acting in a threatening manner towards him. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Domestic Violence and Family Law for Massachusetts on
Q: How do i go about going after my current DCF worker for knowing that her being my worker is a huge conflict of interest?

My current DCF worker was assigned to my case back in the end of October. I am currently fight my moter in court to remove her as a co guardian to my daughter and on sept 22 2016 my daughter was put in dcf custody which my daughter as put in a foster home till November 30 2016. My mother was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 13, 2017

You can file a complaint with DCF against the worker, and you can file for modification of child custody orders in Family Law Court. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice;... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Posting a video of a dv victim makes you an unwilling accomplice if the ex finds them?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

One issue is whether you posted the video with the permission of the alleged domestic violence victim so as to determine whether there are any copyright or privacy violations at issue here. Further, there may be an additional question of your knowledge, intent, and any collaboration (i.e.... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: do i have to go to court to answer a restraining order(emergency)? in MA
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

It depends on whether it's an ex parte hearing filed by the other party or not, but filing a response may be advisable with an attorney's help. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Can a domestic violence victim visit the acused in jail if there is no restraining order. He pleaded guilty.

The restraining order ended this week

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

If you're visiting after the restraining order has ended, I see no problem here based on the facts provided. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

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