Legal Question in Family Law in Massachusetts

Re: aggravated assault and battery with a deadly weapon

She should press the charges and not worry about his Probate Court threats. The Probate Court will almost certainly not force her to stay in Massachusetts. No statute gives it the authority when the parents were unwed, he has no significant history of contact with the child, and he assaulted the mother. THe courts will allow her to go.

If you need assistance, I sometimes reduce rates for cases like this which are especially deserving.

Greg Lee

Re: aggravated assault and battery with a deadly weapon

Mr. Lee's advice is correct and I would have told you that you need to consult with an attorney in MA anyway because the victim and the child are in MA.

However, there is a statute called the UCCJEA where all states agree that original jurisdiction regarding children is in the state where the child resides.

Your niece should contact a domestic violence helpline for information as to whether MA will allow her to disappear without providing contact between the father and the child.

The penalty for getting this wrong is the potential to lose custody to the abuser. Clearly worth it to get it right.

DV advocate-types are available through the Court system and are a source of pretty good help if she's not in a position to retain counsel.

But it's a MA problem. Hope this helps. Powell

Re: aggravated assault and battery with a deadly weapon

As the other attorneys have addressed the probate matter, I will not comment.

However, if she has a 209A order and he has e-mailed her with threats, (and hopefully she has retained copies of these e-mails), he has committed a violation of the restraining order (which is a crime) and, he also may be charged with 1) intimidating a witness and 2) threatening to commit a crime. Also, if there is more than one e-mail, he can be charge with additional counts for each e-mail. Good luck! Sincerely, Maria Murber