Hi there,
I can't believe this year will be over in just a matter of hours. Where has the time gone?
As we say goodbye to 2009, here's an old holiday favorite with a little legal twist (courtesy of the TaxProf Blog).
I wish you a very happy and healthy New Year! See you all in 2010!
Best,
Nancy
Hi there,
Somehow a post on domestic violence protection doesn't seem in the true spirit of Christmas, but the sorry truth is that this is a problem which exacerbates during the holidays with their overlay of extra family stress and alcohol fueled parties.
Massachusetts has several laws designed to deal with these circumstances. In addition to Massachusetts General Laws Chapter 209A, which was discussed in my last post, there are probate statutes, Massachusetts General Laws Chapter 208 Sections 34B,C and D. These are useful for psychological battering and generally unhealthy, emotional circumstances as well. It is important to note that the statutes and the Court do recognize the burden parental violence puts on children and attempts to protect them from it.
Chapter 209A defines the standard as "attempting to cause or causing physical harm, placing another in fear of imminent, serious, physical harm." The parties need to be family or household members and the order can remove a party from the home without prior notice, although s/he will later have his/her day in court. This is a very serious statute, which is so helpful because it includes provisions for protection on nights and weekends by ensuring there is always a Judge available. All you need to do is call 911.
There is also Massachusetts General Laws Chapter 208 section 18, a provision which allows judges to deal with certain behaviors which, while harassing and annoying, don't meet the 209A standard for violence or fear of violence. This statute can also be used for violence, in which case the procedural requirements of chapter 209A should be observed.
I hope you and yours are enjoying a holiday season free from violence. If you are not, the best gift you can give your children and yourself is a restraining order and a safe haven.
Stay safe!
Best,
Nancy
Hi there,
I just came across this piece on a child's first post-divorce holiday from the First Wives World blog, which I would usually save for a Monday's Miscellany post, but it is so relevant and timely that I am putting it up now. The first set of holidays post separation are generally the worst for everyone and this article has a lot of common sense ideas.
Best,
Nancy
Hi there!
This appears to be the silly season for Monday :-)
As a grandmother (and boy do I love saying that) I got a real giggle out of this piece from The Onion.
Law firms at year end are all about collecting fees. We as partners are barraged with reminders, lists and general nagging to get us to collect. I roared when one of my partners sent this around the other day.
As a divorce lawyer I see all sorts of fallout from folks confessing to affairs (I happen to think "don't tell" is a good policy; confession may be good for the soul but it hurts your partner), though I have never before seen the dos and don'ts of confessing your affairs (courtesy of The Daily Beast).
And finally, on a more serious note, here's a piece on the AffiDavid blog, run by David Yas, the publisher of Massachusetts Lawyers Weekly.
Best,
Nancy
Hi there,
With all the speculation in the news and gossip media about what may, or may not, have happened at Tiger Woods' home last week, it seems a timely moment to discuss the Massachusetts Abuse Prevention laws.
Domestic abuse is a horrible and pervasive thing. It devastates not only the direct victim but the most innocent of bystanders - the children. If violence did occur at the Woods' abode I would bet it was a single, wild fight, violent and horrible with lethal potential but not the ongoing, personality destroying, dehumanizing continuum of real domestic abuse.
If you read the news, at least every day another person (usually a woman) is killed in the United States as a result of domestic violence.
In an attempt to stem the tide, states have enacted various laws to try and prosecute the abuser even when the victim refuses to testify. (One of the most demoralizing situations family lawyers face is a victim returning to the batterer and then refusing to testify. In Florida, if Tiger were to say his wife had hit him with the golf club (if she did?) then he would have no further control of the situation - she would be arrested. In Massachusetts, the law is somewhat less direct, but the District Attorney can prosecute even if the victim later changes his mind and refuses to testify. Once the police file the complaint, which is generally a criminal assault charge, the victim has no further control. Victims can recant, but they can be and usually are summonsed to testify at trial.
With the holiday season and its stresses upon us, never mind the bad economy, this is prime time for domestic violence. In Massachusetts there are several statutes which cover violent domestic situations. The most well known and commonly used Abuse Prevention Statute is Massachusetts General Laws Chapter 209A.
There are a number of other statutes within the general divorce laws which I will review in a future post.
For now, if you are a victim of immediate or threatened domestic violence call 9-1-1! If you fear you will be a victim but the threat is not immediate, there are also a number of excellent shelters/hotlines that provide help as well.
Be safe this Holiday season!
Best,
Nancy
Hi there,
I started out the weekend thinking I wouldn't have anything to put up today; however, thanks to my fellow bloggers I have some great links!
First, from Taxgirl, a post on child support. I have gotten similar inquiries on my post on child support as well.
Here's a funny (and true) story about giving the 'bird' during a parking dispute. You'll be surprised by the outcome.
Then another post from Taxgirl, (that's 2 in one blog post, thank you Taxgirl!) a fascinating post on Tiger Woods and taxes. A partner of mine always says that tax ties into everything and I guess he is right.
And finally, a very funny post on how to survive the holidays. I also had a post on this, Holidays Are For Kids, a few days ago which might be helpful - it outlines a few schedule options for dealing with the holidays as a divorcee with kids.
Best,
Nancy
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