Legal Question in Family Law in Massachusetts

Restraining order / kidnapping

There is a couple I know in the process of a separation, which may never end in a divorce, and have a 2-year old child together:

- does the woman need to have specific, proveable grounds to file a restraining order against the husband (i.e., does he need to be beating her, etc)

- if she were to take herself and the child away from the situation and be in contact with the husband, but not say where they are, does he have any legal right to accuse her of kidnapping and pursue legal action against her?

This is happening as we speak. Any information you can provide quickly will make or break decisions being made. Thank you for your time.


Asked on 5/17/07, 9:01 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Restraining order / kidnapping

If the woman is in reasonable fear of abuse, she may seek a restraining order from any court in Massachusetts. District court is generally closer. Probate and Family court is a better place to start, as all matters will be in one court.

She should immediately seek domestic violence counselling from her most local agency.

I am available by telephone if further information is needed. My number can be found at www.gregleelaw.com

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Answered on 5/17/07, 9:25 am


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