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...
Restraining Order Articles
Restraining Order Articles written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
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Expunging a Protective Order: New Case Law
The Massachusetts Appeals Court recently addressed under what circumstances a court might erase a protective order once issued. Overview of the Case: J.S.H. v. J.S. The case of J.S.H. v. J.S. involved a harassment prevention order under Massachusetts General Laws,...
Can My Spouse Take My Children Away from Me?
Many divorcing couples argue intensely and say regrettable things. One or both spouses may threaten the unthinkable: to take the kids. Legal custody and physical custody of children are at issue here. Physical custody refers to where the child lives or stays....
What’s a Restraining Order and When Do I Need One?
Emma has been going through a very difficult time. She is now considering getting a 209A protective order, known as a restraining order. Her long-time boyfriend and the father of her two children, Earl, recently lost his job. The stress of unemployment worsened the...
Making an Abuse Prevention Order Permanent
When would a judge make an abuse prevention order permanent? Can the judge extend it solely based on past abuse? The recent Massachusetts case of McIsaac v. Porter answered that question. [1] In that case, the plaintiff and defendant had dated for about six years and...
Harassment Orders in the Commonwealth of Massachusetts
The following is a test. If you are a divorce lawyer, family law attorney, or someone seeking or opposing a protection order, this is particularly relevant to you. Which of these scenarios might be appropriate for an order of protection from harassment, also known as...