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How does the contempt filing process work in Massachusetts Probate Courts?

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complaints are filed when there’s been a

Disobedience of a court order

usually the orders at least in the

probate and family courts in

Massachusetts are temporary orders that

are issued during the pendency of a case

or in judgments that occur after

trial in some instances or settlement

agreements get incorporated into the

Judgment the provisions of the agreement

or the Judgment or the order are

violated it’s going to be a Disobedience

of a clear and unequivocal order

and when that happens one or the other

of the party’s uh files a complaint for

contempt there’s no charge for the

filing fee of the complaint uh there is

a five dollar charge for the preparation

and issuance of the summons that has to

be served on the other party

and then the case is pretty much

expedited it’s not like divorce cases

because usually there’s only one or two

issues that have to be decided and

you’re in court in front of a judge

within about six weeks and the case is

heard contempts violations

can be cured some of them can be if it

involves the payment of money anytime

before the start of the hearing uh if

the money is paid then the you know the

case goes away but there’s other types

of violations fail you to do something

withholding of children children during

another parent’s parenting time those

things can’t be cured because they can’t

be undone

um but you get a pretty quick decision

Hingham, MA family law attorney James M. Lynch explains how the contempt filing process works in Massachusetts Probate courts.

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