Category: Articles

Differences Between a Criminal Case and a Civil Case

Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every

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What to do when your ex refuses to comply with your parenting schedule?

Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt

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If You’ve Been Injured, Document Every Detail

When you incur an injury at the fault of another, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports First, immediately following an injury, you should seek medical

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How much time do I have to file a personal injury case in Massachusetts?

The timeframe in which you have to file your lawsuit is called the statute of limitations. Each state sets its own laws and regulations regarding time limits to file various claims. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit.

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Liability And Wrongful Death With Covid-19

In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and

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An Update on Massachusetts Probate & Family Court Reopening Procedures and What It Means for You

Slow Re-Open With COVID-19 still posing a serious risk to health and safety, the courts, like the rest of our society, continue to adapt their procedures to minimize the risk to court workers and private citizens. The Probate and Family Court is no exception and is adhering to the same general guidelines as the rest of the court system. What Is Open? Beginning July 13, Massachusetts courts, including the Probate and Family Court, allowed some

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Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, either Attorney Revelli or Attorney Luzzo can help you understand the divorce process and your options. During these unprecedented times, we are all taking a look at our lives and examining

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Staying Safe and Saying NO to Domestic Abuse During COVID-19

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled

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Don’t Fall Victim to Hidden Assets During Divorce

When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial affidavit. It is against the law to purposely hide, understate, or overstate assets, as well as any marital property, debt, income, or expense. In extreme cases, this can potentially lead to the withholding party

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Common Myths in Massachusetts Family Law Every Parent Should Know

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other

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I’ve only been married for 2 weeks, am I eligible for an annulment?

In the state of Massachusetts, a court granted annulment means your marriage never legally happened. Each state’s legislative code sets specific guidelines for what constitutes an annullable marriage. Contrary to popular belief, you can’t annul a marriage based on a short duration. Massachusetts outlines seven specific grounds for annulment. In Massachusetts, annulments require your marriage to be either void or voidable. There are three void marriage grounds: consanguinity, having a blood relation such as brother

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Does it really matter if I skip jury duty?

Yes—yes it does. Skipping jury duty is an easy way to land yourself in completely unnecessary trouble. Massachusetts makes it rather difficult to miss or skip your service date. There are many chances to make right on your having skipped jury duty, but they are all time-consuming and potentially nerve-wracking. After missing jury service, you will receive a “Failure to Appear” postcard. By phone or by mail, you can respond to this. If you have

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How does Massachusetts distinguish between assault and battery?

The Commonwealth of Massachusetts actually has no statute against ‘battery’ on the books. Rather, there is one crime labeled as “assault” and another as “assault and battery.” According to Massachusetts law, assault does not require physical contact between the offender and the victim. To qualify as assault, an action must be either an attempt to use physical force against another person or the action reasonably suggests the intention to use force against another. If, during

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Is it true that Massachusetts family law courts favor mothers in child custody decisions?

While it remains a common belief that courts favor, or are even biased for, mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households. Before women entered the workforce in large numbers, men were expected to be the providers. Women, on the other hand,

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Food Related Injuries Under Massachusetts Law

Here’s a little-known fact: under Massachusetts law, if you’re injured by a bone lodged in your throat after eating a prepared dish, whether you can recover for your injuries may depend on what kind of bone it is. If it’s a bone from a chicken pot pie, then you may have a viable claim. If it’s a fish bone from a bowl of chowder, then you probably don’t. To explain why that’s the case, in this article we examine how Massachusetts

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What To Do When Your Child is Injured

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf. It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself: Did your child simply fall, or did he slip on ice or

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Understanding the Essentials of Annulment in Massachusetts

If you are unhappy with your marriage, you can obtain a divorce in Massachusetts for just about any reason. Regardless, there are those times when a marriage should not even be legally recognized. A divorce will end a marriage, but an annulment determines there never was a legal marriage from the start. Moreover, an annulment may have significance for religious or social purposes. If the marriage was not valid from the beginning, it is possible

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Child Custody Laws in Massachusetts

Divorce is described as one of the most stressful events in a person’s life. Add children to the mix, coupled with questions of custody, support, and visitation, and emotions and stress can reach a breaking point. Wading through this difficult time calls for the help of a professional such as a divorce & family law attorney who also understands laws specific to Massachusetts. Before you meet with an attorney, here are few pieces of information

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After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know. First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to go to court for damages. After this time, known as the statute of limitations, a court is likely to refuse to hear a suit. Second, Massachusetts law stipulates that car accidents are adjudicated under

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Construction Accidents: What You Need to Know if Injured

Workplace accidents happen far too often, especially on or near construction sites. Workers are subjected to serious industry specific hazards due to the dangerous nature of the profession. In Massachusetts the construction industry is thriving and the number of construction accidents is rising. Statistics from the United States Department of Labor tell us that twenty percent of all workplace fatalities nationwide were in the construction industry. In 2014, that was 899 deaths -more than two deaths per day. The

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