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  1. #1
    Join Date
    Jul 2009
    Location
    Massachusetts
    Posts
    6

    Default Ex-Wife Facing Criminal A and B Against Our Son

    My question involves criminal law for the state of: Massachusetts

    Back in January of this year, my son came home from his visitation with his mother. He showed me 3 long scratches on his chest, he received from his mother, in her failure to control her anger.
    The police were called and spoke with my son, and I was advised to take him to the police of the town she lives in. We went to that station where they interviewed my son, had him fill out his own complaint form, and took pictures of his injuries. (my son is 12)
    I was told they were going to arrest her that night, but two days after hearing nothing, I called to find out what was going on.
    I learned that she was on a suspended arrest? and that DCF was notified of the incident.

    I was advised by the officer in her town, to seek restraining orders against her, in the name of both our children, which I did... but as we had gone through the Family/Probate court in our divorce (as well as her modification to change visitation) everything was brought there.
    The first DCF agent told the court they saw no reason mom should not have her visitations returned (with no restrictions?) and DCF has been carrying on their investigation. Both DCF and the DA's office find mom to be abusive and the 51a was supported. But mom still has all her visitations, with no restrictions.

    In the meantime, the restraining orders I obtained in my children's names, had expired as no one in the Family/Probate court informed me I had to renew them, and I have been a bit confused by the interplay between our local court (which is Lowell District Court) and the Family/Probate court.
    I am also facing all of this without a lawyer (as I cannot afford one anymore, still owe $30,000 to my lawyer from the original divorce and her modifications) And the DA's office does not work within the Family Probate, only the Lowell District Court. And to be honest, I find the communication between the two completely non-existent.

    My questions are:

    1. Why was my ex-wife not arrested the night of the offense? I had read that it is Mass law that the person responsible is to be arrested within 24-48 hours.

    2. Why did the DCF agent say she should have her visitations back with no restrictions (i.e. supervised visitation)

    3. Why is she still allowed to work at the daycare facility she is employed with, in lew of this pending, criminal A&B against her own minor child?

    4. If she is found guilty (which I have been told is the most likely case) what will her punishment be? I only ask as, she has been getting away with pretty much everything for a long time, that a father would be drawn & quartered for, and each time it seems to empower her to do even more?

    I apologize if my post seems a bit jumpy but, I am just confused, and frustrated with this entire ordeal since it began, and this looks to be a place I can turn to for help in understanding how the legal system is operating.
    I am the custodial parent but, as a "father" I have been facing wall after wall in the area of bias, and see that mothers are treated a bit differently than fathers in every aspect of the family courts, even when the father is the better parent for the children.

  2. #2
    Join Date
    Jul 2009
    Posts
    5

    Default Re: Ex-Wife Facing Criminal A and B Against Our Son

    1. Why was my ex-wife not arrested the night of the offense? I had read that it is Mass law that the person responsible is to be arrested within 24-48 hours.
    Even though you went to the station and all that, I'm sure the reason why was there weren't any witnesses other than your son so there is no way to prove it happened.

  3. #3
    Join Date
    Jul 2009
    Location
    Massachusetts
    Posts
    6

    Default Re: Ex-Wife Facing Criminal A and B Against Our Son

    Oh, sorry.. I forgot to mention, my ex-wife has already admitted to the situation and the scratches, but says "it was an accident" she was furious when she went to grab our son out of his bed, went to grab his tank top and that is when she scratched him.
    I was told by a couple people, an officer and a person within the court... the suspended arrest was done because the courts are so backed up.
    She has already also been arranged and the criminal trial begins mid August of this year.
    I guess my biggest concerns, are why DCF and the Family/Probate Court, are not taking actions such as modifying her visitations to be supervised, etc.?

    And, like I said... DCF supported the 51a and both they and the DA's office feel she is abusive and negligent.

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