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Gary S. Sinclair

Gary Sinclair’s Answers

371 total

  • If my fiance has a restraining order on him. Can his ex wife send a facebook request to my mom.

    Theres not supposed to be any contact with his exwife or his his

    Gary’s Answer

    It may be the time of day, but your question is not clear to me. If your mom took out a restraining order on your fiance, then he can cannot contact your mom in any manner, nor can he use someone else to contact your mom on his behalf. However, your fiance's exwife can contact your mom on her own volition, since the restraining order does not apply to her. Is that what you were asking?

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    Gary’s Answer

    Look to the terms of the contract. Parties to a contract generally have the right to breach, but usually the contract delineates consequences or damages for a material breach, including specific performance in some instances. Contact an attorney for further information. Good luck!

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  • How can i protect myself from some one spreading damaging and humiliating rumor that can cuase me lose my job and relocate

    rumors are about a deadly stb

    Gary’s Answer

    I agree with my colleague and would add that obtaining an injunction or threatening a lawsuit, perhaps with a letter from an attorney, have benefits over filing a lawsuit, due in part to the unwanted publicity that may accompany a suit. Here is more information about defamation:

    Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

    Typically, the elements of a cause of action for defamation include:
    1.A false and defamatory statement concerning another;
    2.The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
    3.If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
    4.Damage to the plaintiff.

    In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

    Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.

    Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
    •Attacks on a person's professional character or standing;
    •Allegations that an unmarried person is unchaste;
    •Allegations that a person is infected with a sexually transmitted disease;
    •Allegations that the person has committed a crime of moral turpitude.

    Consider hiring an attorney to protect your interests. Good luck!

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  • Can my ex-husband take legal action WITHIN THE COURT SYSTEM to prevent my emailing him ? I know that he can do this w/ a lawyer.

    I emailed my ex-husband re: our 32 yr. old daughter. She is a full time college day student. She is unemployed because of her physical health and upcoming major surgery. She has applied for disability. In the meantime, she has no income.Her father...

    Gary’s Answer

    Your ex could complain to the court for a restraining order that would prohibit you from emailing or having any contact with him. The judge may grant a temporary restraining order, even without notice to you, but whether he or she would grant a permanent order is another question, especially if he is sending abusive emails to you. Good luck!

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  • What rights does the biological father have?

    I didnt tell the biological father i was pregnant because he was abusive my son is now 1 year old and the biological father contacted me and said he was taking me to court for dna and he will make sure he gets custody for not telling him... but he...

    Gary’s Answer

    If the biological father establishes through court and dna tests that he is indeed the biological father, then the court will grant him parental rights and responsibilities. The judge will NOT grant him custody for not telling him that you were pregnant. The father may get visitation rights, possibly supervised, or even shared custody. You should prepare any statements, witnesses and evidence supporting your claims that he was abusive and that he poses a risk to you or your son, as long as that is true. The father may also be ordered to pay child support, so you should be prepared to produce a financial statement. It is always a good idea to consult with and hire an attorney in matters like these. Good luck!

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  • Need help finding a Massachusetts pre trial memrandum form, plus related questions..

    I am scheduled to attend a pre trial conference in Massachusetts regarding child support. I am the plaintiff, a father, and have a temporary support order pending on this trial. It is for my 19 year old daughter who my ex claims is going to colleg...

    Gary’s Answer

    You must provide the defendant with a copy of your pre-trial memorandum prior to the pre-trial conference. Here's what to include in the memo:
    1. A comprehensive written stipulation of all uncontested facts.
    2. A statement of uncontested issues of fact and law and progress of agreement on such, if any.
    3. Plaintiff’s prayer.
    4. Certification that all discovery has been completed: if discovery has not been completed list what remains to be done.
    5. Copies of current financial statements and any other pertinent financial data.
    6. A list of potential witnesses.
    7. A list of all exhibits which counsel intend to introduce at the trial.
    8. Depositions proposed to be used as evidence to be read into the record. Use of depositions at the trial are subject to the provisions of Mass. R. Dom. Rel. P. 32.
    9. Stipulation of current value(s) and cost of all realty and personality in issue. In the event the parties are unable to agree as to current values, counsel and parties are to submit an opinion of fair market value either themselves or by an appraiser.
    10. A realistic time estimate of trial time.
    11. If there are issues of alimony and the assignment of property under Chapter 208, Section 34, a written offer of proof setting forth the evidence each party intends to produce with respect to each of the factors enumerated under the statue should be filed.
    Good luck!

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  • I need to know what i can or should do. My sons life is at stake and i want him protected. My son is three yrs old,

    I need to know what i can or should do. My sons life is at stake and i want him protected. My son is three yrs old, my ex left our home out of no were last September and its been nothing but hell sense... I filed a motion to protect my son and c...

    Gary’s Answer

    It appears that you are doing a lot to protect your son. If you believe your son is in imminent danger and that visitations should be stopped or supervised, then you can file a Motion for Temporary Orders or even a 209A restraining order. You should also hire an attorney to represent you. If you can’t afford one, try calling Community Legal Aid - Worcester, (508) 752-3718 or the Lawyer Referral Service from the MA Bar Association, 800-392-6164. Good luck!

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  • I am a teacher who was accused of having a relationship with a student. It is untrue. Is this slander?

    My school district claimed that someone said I had a relationship with a student. They will not disclose the information as to who made the claim or who the student is but they have put me on an administrative leave of absence with pay and will n...

    Gary’s Answer

    You are describing a very serious situation with many possible legal and career ramifications. A possible suit for slander may be the least of your problems. You should immediately contact an employment attorney and follow his or her advice, which may include contacting your union representative. Be careful and be smart. Good luck!

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  • If my affair is brought to the surface during marriage counseling session, can that be used against me in court?

    My wife and I are seeing a Marriage Counselor . I think it's too late but we figured we try it anyway. More than likely I have the feeling that the counselor will ask me if I have had an affair. Not being intimate with my wife for almost 2.5 ...

    Gary’s Answer

    Whether an affair will be considered in a divorce depends on the type of divorce. If it is a fault divorce, then yes, the affair could well be a factor. If it is a no-fault divorce, then the affair will probably not enter the equation.
    Here's some free advice: Stop your affair and give marriage counseling a chance. Divorce is not always the best solution. Good luck!

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  • Hello, I am having trouble trying to find my online statements of my child support that I have been recieving.

    I have called the agency and they told me I can print out statements on their website but, i went on the webisite and cant seem to find it. Could you please help me locate these statements? Thanks

    Gary’s Answer

    What website did you visit? Did you register at I am guessing that you can pay at that site and get your statement.

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