Massachusetts Domestic Violence

In the state of Massachusetts, domestic violence laws include physical harm or the intent to physically harm, the infliction of fear of physical harm, and involuntary sexual relationship against a family or other household member. This crime is especially serious if the victim was violated by the suspect while a protective order was in place.

Definition of a household member:

  • people who are or have once been married
  • individuals that have children together
  • individuals that are related through marriage or by blood
  • individuals who live together are have lived together, such as roommates
  • individuals who are or who have been in a substantive dating or engagement relationship.

Assault can range from causing actual physical harm to acting with the intent to commit physical harm against another individual. This means that even a serious threat to commit physical harm can be considered assault. Simple assault is in itself a crime, but in Massachusetts, assault against a family or household member is considered a more serious offense. [Read more…]

The Basics of the Discovery Process in Massachusetts Divorce Cases

When deciding to pursue a divorce in Massachusetts, the parties must be aware of the discovery requirements and obligations imposed by the Rules of Domestic Relations Procedures, Supplemental Probate and Family Court Rule 410 and Supplemental Probate and Family Court Rule 401.  These are some of the procedural rules that set forth the requirements imposed upon each party to provide discovery, including some mandatory initial disclosures, to the other party so the parties can attempt to fairly divide the marital assets and debts. The following are some of the basic discovery requirements:

Supplemental Rule 401
Supplemental Rule 401 requires, except as ordered by the court, that each party in an action where financial relief is requested to file a financial statement with the court and the other party as part of the divorce proceedings.

There are two types of financial statement that are used by the Probate and Family Court, and it depends on your gross yearly income as to which form you must file. [Read more…]