Legal Question in Family Law in Massachusetts

restraining order

2 years ago i put a rest on my ex husband, we just did not get along i got 1 for a year and never needed to reinstate it it's been a year since it been gone, and now we are very good friends, blessing in disguise, anyway he wants to assist coaching with our sons baseball team, a new problem has come to arise, he says he can't coach because of the rest from 2 years ago and he blames me is that true? would having 1 from that many years ago prevent him from coaching? or is he just using that as an excuse it seems far fetched to me but possible there might be other reasons from preventing him to coach that were more serious? i really need to know on this because i feel it will cause a huge argument and i want to proe myself right that im not the reason for him not to beable to coach thank you in advance


Asked on 4/17/08, 11:24 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: restraining order

Most child-based activities now require a CORI check before accepting any volunteer, including parents. To avoid difficulties, they run a "bright-line" rule: any hint of domestic violence, and most if not all other criminal history issues, keep the parent from direct contact with children. This provides both direct protection and indirect protection. This reduces the threat to kids (direct protection) and reduces the risk of law suits (indirect protection).

A temper that has required judicial action is enough of a threat to kids that the league should refuse the man absent clear proof that the R.O. was "trumped up." You need not suspect that he has done more. Unless you have solid reason to suspect other issues, leave it be.

All that having been said: if you had a real basis for a restraining order, your ex-husband has no one to blame but himself. You have nothing to apologize for unless you perjured yourself.

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Answered on 4/17/08, 1:26 pm

Re: restraining order

Generally speaking, private organizations are not under any obligation to allow a person to participate, and almost all will not allow a person with a criminal history related to violence to have contact with children. Even though a restraining order is quasi-civil in nature (does not require proof of a criminal act, just a preponderance of evidence that a person was put in fear), restraining orders are logged in the Massachusetts CORI (Criminal Records) so a background check would show that one was taken out, thus precluding involvement in children's activities.

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Answered on 4/17/08, 3:12 pm


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