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How to Get a Protective Order Against an Abusive Partner or Spouse

Domestic abuse is a serious and even life-threatening situation—and there are legal remedies to help survivors protect themselves, their children, and their property as they make the brave decision to escape an abusive situation and begin moving forward with their lives. One of the most important tools available to victims of domestic abuse is the restraining order. In Massachusetts, a restraining order is known as a an “Abuse Prevention Order” or a “209A Order.” This name refers to Chapter 209A of the Massachusetts legal code, entitled the Massachusetts Abuse Prevention Act, which defines domestic abuse. According to Chapter 209A, domestic abuse may be: 1. Physical violence 2. Attempts to harm with physical violence 3. Causing another person credible fear of serious harm 4. Coercing another person into sexual relations through physical force, the threat of force, or duress Acts of physical violence are themselves criminal offenses subject to prosecution in Massachusetts. While emotional and verbal abuse are not defined as crimes under Massachusetts law, they are recognized as common features of abusive situations and relationships. Financial abuse—the withholding of or control over a partner’s financial or material resources—is another feature of abusive situations. A 209A protective order may be filed for at any Massachusetts court—superior, general, or probate and family. A protective order can require an abuser to cease abusive behavior, to avoid all contact with the protected party, to vacate a shared household, and/or to surrender firearms licenses and weapons. As mentioned above, probate and family courts can award

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My spouse and I have just moved to Massachusetts from another state. Do we need to get our marriage license transferred to Massachusetts?

Moving to another state can be a legally frustrating process. Aside from the logistics and expense of moving your possessions across state lines, you will likely find yourself waiting in line or on the phone with government offices as you transfer the legal documents that make up your life. Vehicle registration and title, voter registration, insurance policies and more must be transferred. Luckily, marriage licenses issued by one state are valid in all forty-nine others. A number of court cases have affirmed that one state must recognize a marriage license issued by another. Most famous are Loving v. Virginia, which struck down bans on interracial marriage in 1967, and the more recent Obergefell v. Hodges, which made it illegal to discriminate against same-sex couples in the issuance of marriage licenses. The courts tend in favor of interstate validity of marriage licenses as a way of promoting the integrity of marriage and protecting families. Welcome to Massachusetts—and take transferring your marriage license off your moving-in checklist. If you have questions regarding out of state marriages or any other family law related matter, please contact our office to speak with an experienced Massachusetts family law attorney.

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