Massachusetts has laws that allow for speedy issuance of restraining orders for domestic abuse or harassment. The laws allow for an initial order to be issued without notice strictly on the sworn affidavit and testimony of the complainant. This is followed by a...
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In Massachusetts, the spirit of the restraining orders must be obeyed as well as the letter of the order
Until recently I advised clients that they could not be convicted of violation of a restraining order in Massachusetts unless three elements were proven: 1. A clear order 2. A clear violation; and 3. An ability to comply with the order. The first two elements are...
Smart homes and divorce
People now have the ability to interact with their homes in a way that wasn't even imagined ten years ago. We now have the ability to control things when we are away from our homes. We can turn lights and appliances on and off. We can change the temperature in the...
October is National Domestic Violence Awareness Month
By presidential proclamation, October was declared to be National Violence Awareness Month. Nobody should be subject to domestic violence. If you or someone you know is in an abusive relationship you need to get help. You can get information about domestic abuse from...
What can a parent do when they are the victim of parental alienation?
There is no perfect answer to this question. As long as one parent keeps fueling the alienation flames, the alienation will continue. Every case of parental alienation is different but the cause is the same. One parent uses the children as weapons to hurt the other...
Cyberharassment is still harassment
The internet provides new opportunities to commit criminal acts. However, in many instances, laws that were not designed for the internet provide remedies. A recent case illustrating use of a traditional law to punish internet conduct is Commonwealth v. Johnson, 470...
Arrests made for violating restraining orders by social media contacts
Recently there have been several cases in which people have been arrested for violating restraining orders by contacting the protected person by social media. I have written about this topic in the past on my blog. These cases are the first cases I have found in which...
Threats to publish nude pictures resulted in conviction for extortion
According to an article in The Valley Dispatch, a man was convicted of extortion as a result of texting threats to publish nude pictures of the victim. In this case, a the victim got a restraining order against the Defendant. He then sent texts and made calls to the...
Remy Murder Case: DA doesn’t deserve criticism
A case in Massachusetts that has received national attention is the unfortunate murder of 27 year old Jennifer Martel. The person arrested for this murder is 34 year old Jared Remy. He is the son of former Red Sox star and current Red Sox announcer, Jerry Remy. This...
Restraining orders and Facebook
Does a court ordered domestic abuse restraining order effect the way a person uses Facebook or other social media? In Massachusetts a typical domestic abuse restraining order includes a no contact and no abuse order protecting an individual or an individual and their...
