Text Box: Links Massachusetts Courts, Laws, Rules, Guidelines, Oversight, Research, more… Courts 186th General Court - Massachusetts Legislature Our all- inclusive legislative site. Our constitution here http://www.mass.gov/legis/ ***Massachusetts Probate and Family Court *** Official Administrative Site - see it here: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/index.html We offer the above site for information only, as a source for protective mothers in family court litigation to research for themselves. CAUTION: The MA Probate Court Administrative site linked above has recently CHANGED. MPMCJ warns regarding the changes: Massachusetts Protective Mothers for Custodial Justice does not approve of any content of the Probate and Family Court’s administrative site that does not specifically direct to existing Massachusetts reports, rules, accepted procedure and law, and takes particular exception to, among other sections and entries, its “Helpful Links” section and the MODEL SHARED PARENTING PLAN. The latter PLAN wisely, but insufficiently, disqualifies itself for protective mothers in custody litigation: These plans are not intended for parents with mental illness affecting parenting functioning, parents with untreated substance abuse difficulties or parents where domestic violence is a concern MPMCJ submits that many other factors are not considered here and maintains that mothers in custody litigation do not qualify for “pre-fab” parenting plans or agreements. We specifically oppose infant overnights and any mother or child’s investment in the “habilitation” or rehabilitation of a father via contact or CARE of CHILDREN, where there has been abuse. Abuse requires focused, expert advocacy with regard to safety of children and their mothers. Best referral to lawyers and other “programs” may not come from bar associations or the Probate Court’s website, but instead from other mothers and organizations familiar with the reputations of attorneys and services custodially challenged mothers have utilized and reported on. We strongly recommend calling or writing to MPMCJ if you are considering suggestions from the “Self Help” section or any of the “Other Helpful Links” section of the above site. Massachusetts Appeals Court Public Case Info re courts/judges/attys Appeals/Supreme Court cases http://www.ma-appellatecourts.org/ Massachusetts Court Structure Quick View - Court Department Org Chart http://www.ncsconline.org/D_Research/Ct_Struct/state_inc.asp?STATE=MA* *The above chart “quick view” is not comprehensive, and offered only for general picture of MA structure. MPMCJ cautions in particular, the chart’s misleading listing of “domestic violence” only in the probate and family courts. Domestic Violence, and Child Abuse, Stalking, Sexual Abuse, Rape are CRIMES our Massachusetts district courts not only prosecute, but issue criminal protection orders against . More regarding our law about protection from abuse is below. MPMCJ encourages all pro se protective mothers to seek consult with attorneys and knowledgeable domestic violence professionals, in bringing or answering matters of abuse of women and children before any court of law. THIS is our MA law regarding domestic violence restraining order venue: http://www.mass.gov/legis/laws/mgl/209a-2.htm And THIS is our law regarding 209A & Probate Courts : http://www.mass.gov/legis/laws/mgl/209a-3.htm (excerpt, from bottom) If there is a prior or pending custody support order from the probate and family court department of the trial court, an order issued in the superior, district or Boston municipal court departments of the trial court pursuant to this chapter may include any relief available pursuant to this chapter except orders for custody or support. If the parties to a proceeding under this chapter are parties in a subsequent proceeding in the probate and family court department for divorce, annulment, paternity, custody or support, guardianship or separate support, any custody or support order or judgment issued in the subsequent proceeding shall supersede any prior custody or support order under this chapter. More on 209A, below under laws and guidelines. MPMCJ offers this important excerpt from commentary here: http://www.mass.gov/courts/formsandguidelines/domestic/dvc1.html 1:01 COMMENTARY The protective purpose of proceedings under c. 209A can be jeopardized if the court attempts to resolve any perceived underlying conflict or problem in the relationship between the parties. While it might seem desirable for the court to play what it believes to be a helpful and constructive role, this is not the purpose of the proceedings. The plaintiff has a right to invoke the court's protective authority against abuse. More important, any attempt to explore the nature of the underlying relationship between the parties can inappropriately shift the focus of the proceedings away from the issue of protection. Such a shift of focus can weaken the plaintiff's resolve to seek protection and, if a defendant is a batterer, provide a context for a defendant's denial, domination and control. If the plaintiff desires counseling, it is available from professionals who are trained to provide it. The issues for the court before which a plaintiff brings a c. 209A complaint are limited in scope: is protection under the law warranted and, if so, what form should that protection take? MOTHERS IN LITIGATION IN BARNSTABLE COUNTY: HAVE YOU APPLIED FOR A DISTRICT COURT RESTRAINING ORDER since DECEMBER 1, 2010—THAT HAS BEEN DIRECTED TO THE PROBATE AND FAMILY COURT? Please email us barnstable@massmoms.org ***Massachusetts’ NEW LAW, 258E, implementing Harassment Protection Orders took effect March 11, 2010 *** (See link for MA law re domestic violence, below) RULES ***Massachusetts Rules of Domestic Relations Procedure *** http://www.lawlib.state.ma.us/source/mass/rules/dom/index.html Massachusetts Rules of Court Civil, Criminal, Appellate, Supreme Ct. Rules http://www.massreports.com/courtrules/ Laws & guidelines MA Official Trial Court Guidelines - Domestic Relations MA Child Support Guidelines, DV Guidelines, etc. http://www.mass.gov/courts/formsandguidelines/index.html Massachusetts Child Custody Law http://www.lawlib.state.ma.us/subject/about/custody.html Massachusetts Law - Domestic Violence Comprehensive MA site. The law, guidelines, cases, forms other sources & orgs http://www.lawlib.state.ma.us/subject/about/domviolence.html 209A DV Restraining Order Comprehensive MA site. The law, guidelines, cases, forms other sources & orgs **Massmoms recommends reading commentaries and “defending against/appealing” for further information. http://www.lawlib.state.ma.us/subject/about/domviolence.html A Guide to How Probate and Family Courts Handle Cases Involving Domestic Violence Community Legal Services and Counseling Center http://clsacc.org/files/dvguide2005.pdf Child Sexual Abuse http://www.lawlib.state.ma.us/subject/about/childsexabuse.html Guide and summary prepared by the Massachusetts Law Library, including case decisions Civil Child Sexual Abuse Statute of Limitations http://www.lawlib.state.ma.us/subject/about/childsexabuse.html Statutes, Case Law, Web & Print Sources Stalking – MGL c. 265 §43 http://www.mass.gov/legis/laws/mgl/265-43.htm General Laws of Massachusetts Official, searchable site http://www.mass.gov/legis/laws/mgl/mgllink.htm Research Massachusetts Trial Court Law Libraries Comprehensive Resource http://www.lawlib.state.ma.us/libraries/index.html Lawyers, judges, gals & oversight Massachusetts BBO Lawyer Search Find Your Attorney Here http://massbbo.org/bbolookup.php Massachusetts Bar Association Official Site http://www.massbar.org/?PHPSESSID=93bf6bc5210770fcfc115719 Board of Bar Overseers - Massachusetts Official Website - atty discipline, news, etc http://www.mass.gov/obcbbo/highlit.htm#rules_4 Boston Bar Association Family Law Section http://www.bostonbar.org/sc/fl/index.htm Massachusetts Commission on Judicial Conduct Official Website - See press releases, complaint guidelines, code of conduct, more http://www.mass.gov/cjc/press_releases.htm Judicial Complaints http://www.legalmomentum.org/assets/pdfs/filing.pdf Massachusetts Judicial Institute http://www.mass.gov/courts/admin/judicialinstitute.html MA GAL New Standards for Category E GALs and Evaluators (implemented 1/08) ****(This category can give clinical opinion) The below links to the actual Standards: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/documents/categoryestandardsfinal.pdf MA GAL/ Category F Investigator Standards (This category may not clinically opine) http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/galstandards012405.pdf Massachusetts Division of Professional Licensure find your GAL/mhp/check a license here: Check for a Professional License Parenting Coordinators — See Next Page Advocacy, safety MPMCJ is the only specialized advocacy for custodially challenged mothers in Massachusetts. We recommend contacting us for help and resources in your area, many of which have been prescreened by mothers we serve and others seeking assistance who report to us — we may have useful information of consumer interest even if we are not able to directly assist in your matter. We strongly believe in a working justice system, and we do not use outdated mental health models of advocacy for custodially challenged mothers. We recommend that advocacy be individually tailored to individual cases, and overseen by legal professionals. Ask questions, challenge statements that don’t “sit” right, even if they come from so-called “domestic violence professionals”. Battered Women’s Advocacy has been sadly but successfully relegated to restraining orders and kept out of probate courtrooms for far too long for other orgs to say they have expertise in probate process. They are learning, and many are gathering mothers together to help them do so. This may or may not work for your case. Most mothers need immediate assistance. “Assistance” that instead raises questions of who is helping whom can be unwelcome, dilatory, needlessly expensive, and yet another exploitation of mothers and their children. We may be able to help recommend any augmentation of support picked and chosen for efficacy from other organizations offering resources. In thoughtful consideration of the above, some other helpful sites are offered below. Massachusetts Coalition Against Sexual Assault and Domestic Violence Jane Doe, Inc. http://www.janedoe.org - see JDI’s new website—lots of good information here. It can be a bit overwhelming—if the information does not apply to your matter, we recommend you move on to subject matter you are seeking, and browse this and other such sites when you are not under time constraints or in immediate crisis. Caution: We recommend safety planning with MPMCJ’s advocates for mothers, who know the family law process. Unfortunately, we do not recommend this site’s safety planning links for mothers. Write to info@massmoms.org and watch for updates on this site. Is there a Safeplan Advocate in your court? A civilian advocate in your community? http://www.mass.gov/mova/index.html Feel Safe Again, Inc. http://www.feelsafeagain.org/ Especially http://www.feelsafeagain.org/cyberstalking.html CyberAngels http://www.cyberangels.org/ Stalking: http://www.legalmomentum.org/assets/pdfs/stalking2005-1.pdf Stalking Resource Center: http://www.ncvc.org/src/main.aspx?dbID=DB_CivilStalkingLaws188 Divorce, A Guide for Women http://www.legalmomentum.org/assets/pdfs/divorce_final_2008.pdf Domestic Violence & Child Custody http://www.legalmomentum.org/assets/pdfs/dv11resources-1.pdf From Karin Winner, Esq.’s site: http://www.gooddivorcebaddivorce.com/how-to-testify-in-court.html?layout=item http://www.gooddivorcebaddivorce.com/guide-for-rating-your-lawyer.html http://www.gooddivorcebaddivorce.com/statement-of-rights-and-responsibilities.html Links Inside/Outside Massachusetts Especially for protective mothers LizNotes Extraordinary Resource http://www.thelizlibrary.org/ STALKING THROUGH THE COURTS A Must-Read http://www.thelizlibrary.org/liz/FRtactic.html Alaska Moms for Custodial Justice Excellent Battered Mothers' Advocate's Resource http://www.custodyprepformoms.org/articles.htm Battered Mothers' Custody Conference http://www.batteredmotherscustodyconference.org/ NNEDV Resources http://nnedv.org/resources/safetynetdocs.html http://www.justicewomen.com From Sonoma County, California, but what is contained applies in Massachusetts—MPMCJ recommends the READ- The site provides an online handbook for women navigating their way through the criminal justice system that gives links to other resources. http://www.justicewomen.com/help_family_law.html  is a most comprehensive site for women preparing for family court, uniquely informative and realistic - prepared by advocates who have been there Articles by Lundy Bancroft http://www.lundybancroft.com/articles.html Small Justice—Documentary by Garland Waller http://www.youtube.com/watch?v=CNXqDgSAOt4 See also http://www.garlandwallerproductions.com/PastProjects.html Recent Actions of Interest: Past: Massachusetts Battered Mothers Testimony Project http://www.wcwonline.org/content/view/1938/315/ Current: International Complaint Against the United States Filed on Behalf of Abused Mothers, Children By Dianne Post ABA International Family Law Committee Article, *see page 4 http://meetings.abanet.org/webupload/commupload/IC942000/newsletterpubs/domestic-violence-purple-ribbon