Legal Question in Family Law in Massachusetts

HELP Restraining (controll) order

my ex obtained a restraing order (while at court on another matter)and the judge gave it to her for 1YR. and took joint custody away. MY QUESTION IS: i want to leave the state so i don't go to jail, how will that effect my rights as a father


Asked on 11/24/07, 9:57 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: HELP Restraining (controll) order

Your legal custodial rights have already been removed. Your visitation rights may be altered, at least as to pick-up and drop off. These have nothing to do with your location. Leaving the state will not further alter your legal rights, unless you are fleeing to avoid an existing prosecution or jail sentence. And THAT would only add to your troubles so much that custody will be your last worry.

Flight from justice generally adds charges and convictions. In addition, a fugitive from justice may well be denied the assistance of any other court -- and granting you visitation or custodial rights CERTAINLY is the "assistance" of a court.

If you are facing a jail sentence, it is better to do the time now than later.

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Answered on 11/24/07, 12:30 pm

Re: HELP Restraining (controll) order

Attorney Lee's advice is absolutely on point and I would adhere to it. If you are trying to avoid jail because you are afraid your wife will acuse you of violating the Court order that is one thing; if you are leaving to avoid other prosecution, well I would not do that. Go get a criminal attorney and defend yourself.

If you are leaving to avoid prosecution for violating a court order, then get yourself an attorney and handle it. Running away is not your best alternative.

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Answered on 11/24/07, 3:18 pm


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