Some of the most challenging and complex cases a trial lawyer litigates are those involving domestic violence. Given the unique nature of these matters, lawyers must possess a thorough understanding of Chapter 209A, the Abuse Prevention Act, and of various criminal statutes, as well as of current appellate decisions. The recent changes in Chapter 209A make it all the more important that you stay up to date in the law governing domestic abuse cases. It is imperative that both prosecutors and defense counsel understand the restraining order process from emergency application and the issuing of an ex parte order to a full hearing and the issuing of a temporary or permanent order. Additionally, temporary child custody and visitation, support, firearms, and safety concerns are addressed. Beyond the civil restraining order, both prosecutors and defense counsel face district court cases involving restraining order violations and other criminal offenses.
Experienced panelists from both sides of the aisle discuss challenging issues and emerging trends in obtaining, enforcing, and defending restraining orders. The program uses a reference book entirely devoted to understanding c. 209A Restraining Orders and subsequent criminal violations.
Agenda and materials
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Overview of 209A
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How to Obtain, Enforce, and Defend c. 209A Restraining Orders
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Safety Planning for Plaintiffs
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The Overlap and Differences between District and Probate Court Orders
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Evidentiary Issues in Both Restraining Order Hearings as Well as Criminal Cases for Violations of a Restraining Order
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The Use of Cyber Technology in Hearings and Criminal Court Cases
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How Cyber Technology Plays a New, Emerging Role in Both Civil Hearings and Criminal Trials
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What Can and Cannot Be Ordered in the District and Probate Courts, and Why?
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Evidentiary Issues in the Prosecution and Defense of Restraining Order Violation Cases
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"Ask the Experts" Q&A Session
Cochair
Daniel Paul Flaherty, Esq., Law Office of Daniel P. Flaherty, Cambridge
Suzanne Kontz, Esq., Middlesex District Attorney's Office, Commonwealth of Massachusetts, Woburn
Faculty
Hon. Marianne C. Hinkle, Woburn District Court, Commonwealth of Massachusetts, Woburn
Shawn M. MacMaster, Middlesex District Attorney's Office, Commonwealth of Massachusetts, Cambridge
Adam J. Malinowski, Esq., , Melrose
Joseph Murphy, City of Cambridge Police Department, Cambridge
Carrie A. Spiros, Esq., Middlesex District Attorney's Office, Commonwealth of Massachusetts, Woburn
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