Dog Owners in Massachusetts are strictly liable when their dog bites. The only defense to this is that the dog was being teased, tormented or abused by the bitee. Dog bite claims are generally covered under homeowner policies. If your dog bites someone, you should report it to your insurance company immediately. You will also have to produce vaccination records for your dog to prove that he or she has been vaccinated for rabies. If
There are a number of areas in which attorneys and their clients can come to disagreements. After all, in most cases, being the party in a probate, criminal or civil law suit is a high stress endeavor. Lack of communication, doubt about the attorney’s abilities, or simply the fact that he/she is a pompous ass are only a few reasons why clients and attorneys have relationship issues. In turn, some folks have a different view
People often ask me if there is any way to prevent a divorce if their spouse files against them. The answer is no. The basis of divorce in Mass is irretrievable breakdown. If one party believes that the marriage is irretrievably broken and wants to get a divorce, it will happen. Once a divorce is filed in Massachusetts, the Court will set a Pre trial date for six months away because contested divorces in MA
I was talking with a lawyer friend the other day who also happens to be the guardian of two little boys. She raised an interesting question that neither of us knew the answer to as it relates to income numbers used for college. A guardianship ends at age 18 and that’s when a child typically goes off to College. The financial aid form (FAFSA) and the income reported on it become an important part of
I just read an online news story about a NH woman who goes to apply for a job with the police and ends up arrested because of an outstanding warrant from Maine. That must have been a shocker for her! More and more lately, we get calls for people who find out that they have a warrant for their arrest and need to turn themselves in. Or, even worse, they get pulled over for a
You may have heard the song, “Parking Lot Party”? Well getting in a car accident in a parking lot is no party. It is one of the most common locations for a car accident and one of the most difficult to obtain a recovery from. The insurance companies have all but thrown their hands up in the air and generally make the dertmination that both parties are equally at fault unless you can convince your
Harry Hands sees Sally Shoulder. Harry likes Sally. He calls to her and she does not answer. Perhaps she is ignoring him. Perturbed, he walks up to her and taps her on the shoulder. Did Harry break the law? The answer is probably yes. Under Massachusetts law, an assault is when you place someone in fear that they are about to be touched. The battery is when they are actually and intentionally touched and that
A recent Supreme Judicial Court decision has limited the scope of what constitutes a permissable search of a vehicle when consented to by the Operator of that vehicle. In a 4-3 decision in the Hampden County case Commonwealth v. Anthony C. Ortiz, Chief Justice Ralph Gants wrote: “In this case we must decide whether a driver’s consent to allow the police to search for narcotics or firearms ‘in the vehicle’ authorizes a police officer to
Over and over again, I come face to face with a huge inadequacy of our Probate Court system and I want/need to vent about it today. I have several clients whose soon to be ex spouses have either been convicted of domestic abuse or are in the process of facing criminal charges for it. All of my clients happen to be women but there are many cases where the abuser is a woman and the
Did you know that the Registry of Motor Vehicles (RMV) can pull anyone’s license on the basis of the fact that they pose an immediate threat to the public. Let’s say that you get pulled over by the police and the police call the RMV and tell them that you were driving erratically, the registry can immediately suspend your license. Indefinitely. Your only recourse at this point would be a registry hearing. Let’s say the
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