In care and protection cases, the court looks at important pieces of evidence to decide issues of custody and visitation. One example of significant evidence in care and protection cases is the testimony, notes, and assessment of the social worker assigned the case....
Does the District Court have subject matter jurisdiction over the issuance of protective orders, particularly where they are issued ex parte, meaning without the defendant present in court? The Massachusetts Appeals Court looked at this question in a recent case. A...
A protective order, sometimes also referred to as a restraining order, serves to protect a victim of domestic abuse which is perpetrated by a member or former member of the victim’s household. It may also serve to protect a victim from abuse or violence perpetrated by...
Warning: This post includes reference to domestic abuse and may trigger strong emotions in you. If you are in an emergency situation, please do not hesitate to contact local authorities. Very little is more precious to most people than their loved ones. Our family and...
In some cases, the services of a Guardian ad Litem play a key component. Imagine the following scenario: A doctor diagnoses a 10-year-old child named Jacob with a “curable” form of cancer. Jacob has a chance to beat the disease with regular chemotherapy treatments,...
The recent case of C.R.S. v. J.M.S. addressed the issue of an ex parte abuse protective order. In that case, the victim of domestic violence filed a complaint for a restraining order against her partner. Her story entailed many instances of controlling behavior, along...
Matt and Mary are going through a divorce. Matt alleges that during the marriage, Mary had engaged in a repeated pattern of physical and verbal abuse toward him. The couple had two children together, and the children live with Matt. Both parties want to know whether...
According to the applicable statute, domestic abuse is defined in Massachusetts to include three different types of actions. [1] First, attempting to cause or causing physical harm constitutes domestic abuse. Actions such as punching, hitting, or kicking another...
Is the recipient of a restraining order protected by the anti-SLAPP statute when she contacts the police to report a possible violation? What happens if no violation occurs and charges are filed erroneously, only to be dismissed later? In a recent case, the...
Which scenarios may lead to divorce based on cruel and abusive treatment as the fault ground? 1. A husband falsely accuses his wife of affairs with patients and previously threatened to slash her. 2. A wife calls her husband vile names and berates him in front of...