Interplay Between Restraining Orders and Fifth Amendment Privilege Against Self Incrimination

209A, abuse prevention order, Domestic Violence, hearing, probate and family court, protection, self-incrimination, Supreme Court

What the heck does that mean? In a recent Supreme Court Case, SINGH v. CAPUANO , the Supreme Court held that an evidentiary hearing must be held in a restraining order case and that the statute 209A must be closely followed and that one’s right against self-incrimination is weighed in the context of the hearing […]

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SJC holds that abuse prevention orders do not apply in group home settings

209A, abuse, abuse prevention order, group home, handicap people, intimate relationship, Restraining Orders

In Silva v. Carmel, the SJC held that an abuse prevention order, more commonly known as a restraining order, does not apply in a group home setting. Looking at the strict elements of the statute, because they were not family members or in an intimate relationship, the protection of the restraining order would not apply. […]

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New Restraining Order Guidance Issued by the SJC

209A, abuse prevention order, appropriate forum for abuse prevention order, defendant's visitation rights, visitation, visitation rights

In a recent SJC position, in Moreno v. Naranjo, the Massachusetts Supreme Judicial Court held that it was improper for a district court judge to makes inquires related to family visitation in considering a 209A Abuse Prevention Order. The purpose of a prevention order is to protect the plaintiff. I often will advise clients that […]

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