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When people think about abuse during a divorce, they often imagine clear, physical violence. This means hitting, pushing, or obvious threats. But Massachusetts law has long recognized that abuse can take many forms. The Appeals Court’s recent decision in Nan N. v. Rex...
We've encountered this issue repeatedly. A parent seeks a 209A restraining order in the District Court. Notice is given to the alleged abuser that the District Court will hold a restraining order hearing. At that hearing, the parent seeking the order asks for child...
An automatic restraining order is a court order that issues as a matter of course in every Massachusetts divorce or separate support case. Unlike the commonly understood meaning of a restraining order, an automatic restraining order does not have anything to do with...
A restraining order serves to protect victims of abuse perpetrated by certain categories of people. In Massachusetts, a court can issue a 209A restraining order against a member or former member of the victim’s household. A court can also issue a 209A restraining...
Although civil and criminal cases involve some different processes and procedures, sometimes there is overlap between the two. One example deals with civil restraining orders. A party who is a victim of abuse may be able to seek a protective order in civil court....
A recent case discusses the issue of whether someone can get a restraining order against a perpetrator for past sexual abuse. The plaintiff and defendant in the case, Yahna Y. v. Sylvester S., are first cousins. The defendant is a couple of years older than the...
Generally, a restraining order, also known as a protective order, is a tool the court uses to protect a victim of domestic abuse by ordering a defendant to not do something. In a recent case, the Massachusetts Appeals Court clarified the standard of proof required to...
A couple’s hostile, emotionally charged separation or divorce can trigger the dark response of one partner stalking the mate. Stalking and harassment involves physically following an individual. However, menacing stalking behavior also can occur in cyberspace. The...
At what point is it possible to terminate a permanent abuse prevention order issued pursuant to Massachusetts General Laws chapter 209A? What qualifies as a significant change of circumstances for termination? The Massachusetts Appeals Court recently addressed these...
In a recent case, the Massachusetts Supreme Judicial Court addressed the issue of a civil harassment prevention order. A high school student uploaded to social media a rap song, in which he made threats against fellow students. The Background The parties in the case,...