Legal Question in Family Law in Massachusetts

My niece lives equally with her mother and father. Her mother was married two years ago and last year she was granted a restraining order on her husband after a physical altercation. A short time later the husband is living in the home again. Does the restraining order dissolve? Does my brother have any say regarding the husband in the home again?

Asked on 9/17/12, 5:38 pm

1 Answer from Attorneys

Erin Pennock Black, Vitelli & Pennock, LLC

If the Husband is living in the home again and there is still a restraining order in place, he is technically in violation of the restraining order. That said - did she vacate the restraining order?

In terms of your brother, if he has serious concerns about the parenting decisions she is making and his child's safety in her home, he could possibly file a Complaint for Modification to change the parenting time and/or give him primary custody. He should consult with an attorney to prior to doing that though to make sure that is the best course of action for him.

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Answered on 9/18/12, 6:17 am

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