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Massachusetts Domestic Violence Questions & Answers
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

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: My boyfriend moved in with me for only 3 months. The night before he left my home he pushed me hard into a dresser.

I got a large bruise on my thigh and was in pain several days when I walked. I have a photo of the bruise.i waited 2 mths to report to police. Will he suffer any consequences for his violent behavior towards me? Should I have a lawyer in court with me?

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

This sounds like a crime of simple assault/ battery and domestic violence, which are misdemeanors. If you're also suing him for civil damages, you can hire an attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Massachusetts on
Q: What steps do I take to bring intentionally perjured affidavits to courts attention.
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Bring the perjured statements to your attorney's attention. He or she could use them to impeach the testimony of the witnesses who perjured themselves.

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: How to stop a frivolous restraining order.

a girl i had relations with in the past got a no abuse order against me, i was served last night and the hearing is today at a court house i cant get to, the one they served me with only lasts until 4pm today. I work on military bases and would rather this not affect me negitivley,m i didnt... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 23, 2015

Since you have no idea, I suppose telling you to hire an attorney is the best answer I can give. You have to attend that hearing, at the very least.

2 Answers | Asked in Domestic Violence for Massachusetts on
Q: How can i modify a restraing order?
Wyckoff Nissenbaum
Wyckoff Nissenbaum
answered on Jun 9, 2011

It is necessary to file a motion to modify the order.

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