What Happens After Someone Is Served With A 209A Restraining Order In Massachusetts? Once someone is served with a 209A restraining order, they should immediately start preparing for the upcoming hearing. This includes hiring an attorney experienced in restraining orders and obtaining the affidavit filed with the order, which is typically not served by the… Continue reading Understanding Massachusetts 209A Restraining Order Hearings
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How Restraining Orders Affect Custody And Parenting In Massachusetts
How Often Do Restraining Orders Become Part Of Divorce Or Custody Disputes In Massachusetts? Restraining orders come up in about 40 to 50% of divorce or custody cases handled by attorneys who practice both family and criminal law in Massachusetts. This percentage may vary if the lawyer specializes solely in one area. What Happens To… Continue reading How Restraining Orders Affect Custody And Parenting In Massachusetts
Navigating Domestic Violence Allegations During Divorce
How Often Do Domestic Violence Allegations Emerge After A Divorce Filing And Why Is The Timing Significant? Domestic violence allegations frequently arise after a divorce filing. This timing is significant because it can create suspicion about the legitimacy of the claims, suggesting they might be strategically timed. However, it’s also common for domestic violence to… Continue reading Navigating Domestic Violence Allegations During Divorce
Understanding Your Rights During a Police Stop in Massachusetts
What is the most common misconception about rights during police stops in Massachusetts? A common misconception is that individuals must answer all questions posed by police officers during a stop. In reality, while you are required to provide your driver’s license, registration, and proof of insurance, you do not have to answer other questions, such… Continue reading Understanding Your Rights During a Police Stop in Massachusetts
Understanding Probation Violations and Your Rights in Massachusetts
What constitutes a technical probation violation in Massachusetts, and how does it differ from a substantive violation? A technical probation violation in Massachusetts refers to infractions like missing an office visit, failing to complete required classes, or testing positive for prohibited substances. On the other hand, a substantive violation involves committing a new criminal offense… Continue reading Understanding Probation Violations and Your Rights in Massachusetts
Parenting Plans in Real Life: Why 50/50 Isn’t Always the Default
Why do most people assume a 50-50 custody split in parenting plans? Most individuals, especially in cases of unwed couples, tend to believe in a default 50-50 split based on factors like living arrangements and historical involvement with the child. This assumption often stems from a sense of fairness and equality in parenting responsibilities. In… Continue reading Parenting Plans in Real Life: Why 50/50 Isn’t Always the Default
Dividing the House and 401(k): How Property Is Split in a Massachusetts Divorce
How does Massachusetts law generally approach property division, and what does equitable distribution mean in real life? Massachusetts follows an equitable division approach rather than equal division, focusing on fairness based on various factors. While there’s a general presumption of a 50-50 split, judges have leeway to consider each party’s circumstances, such as earning capacity,… Continue reading Dividing the House and 401(k): How Property Is Split in a Massachusetts Divorce
When Divorce and Criminal Charges Collide: What Happens Next?
What situations typically lead to overlap between divorce cases and criminal charges within families? The overlap between divorce cases and criminal charges often arises from heightened emotions before or during a divorce. Fights and arguments can escalate, leading to incidents of violence, restraining orders, or criminal allegations. Alcohol or other factors may exacerbate these situations,… Continue reading When Divorce and Criminal Charges Collide: What Happens Next?
What to Do After an OUI Arrest in Massachusetts
How common are OUI cases in Massachusetts, and what leads people to seek legal help after an arrest? OUI cases make up around 50 to 60% of criminal practices, with many individuals facing charges after unknowingly exceeding the legal alcohol limit. Situations like a casual drink with friends or dinner can result in unexpected arrests,… Continue reading What to Do After an OUI Arrest in Massachusetts
Understanding Child Support and Custody in Massachusetts
How does Massachusetts courts decide custody and parenting time for parents going through divorce or separation? In Massachusetts, custody and parenting time decisions vary based on whether it’s a divorce or separation of unwed couples. In divorce cases, there’s a presumption for the best interest of the child to have contact with both parents, often… Continue reading Understanding Child Support and Custody in Massachusetts