Steven R. Ballard's Answers

Someone hurt my daughter, can she sue, is there a time limit.

The statute of limitations is as follows: Massachusetts General Laws, Chapter 260, Section 4C. Actions for assault and battery alleging the defendant sexually abused a minor shall be commenced within three years of the acts alleged to have caused an injury or condition or within three years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however,...

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How old dose a child have to be to choose where they live?

You think at a certain age, you can just choose, all by yourself, with which parent you will live. It doesn't exactly work like that, although as you are older, your preference will matter more. I am sorry you are experiencing this problem. Under certain circumstances, a court might appoint an attorney to represent you as a child, but under the facts you have suggested, that does not seem warranted; furthermore, you really do not need to be soliciting attorneys on the internet for your...

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What impact does the new alimony law have on post divorce cohabitation to an alimony recipient it was not merged in the decree?

The part of the bill you are worried about is Section 49(d) (I quote only the first, principal part): "General term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient has maintained a common household, as defined below, with another person for a continuous period of at least 3 months...." But you are protected by the provision of Section 54(b): "Under no circumstances shall sections 48 to 55, inclusive,...

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If someone is convicted of physical and sexual child abuse how long would they go to jail for?

The question is too general, and can only get a general answer. The specific answer would depend upon the specific facts of that person's case. Was it indecent assault? Rape of a child (under 14) with force? Under 16? Was there no force, but the victim was a child who was not old enough to give her/his legal consent? What are the factual circumstances of the case? What do the victim and the victim's family want to do about this? Are they interested in getting the greatest punishment possible...

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WHAT'S LIKELY GOING TO HAPPEN IN COURT?

You need a lawyer, pure and simple. Any good, experienced divorce lawyer will be able to assist you with all of your issues, including those related to domestic violence allegations, restraining orders and mental health issues. If you can hire an attorney, by borrowing money from relatives or otherwise coming up with the money for a retainer, do so immediately. It sounds as though you might qualify, based on your lack of income, for free legal assistance, and if so, it would be through the...

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I have a felony (and a few misdemeanors) on my record from about 10 years ago. could i still go to school to become a paralegal?

If you really, really want to do it, then go for it. Attorneys would probably be more likely than others to understand and forgive your past transgressions, and in some ways your past experience on the bad side of the law could help you to be a better paralegal. If you are planning on working in the criminal justice field, for example, you should have some personal insight into the system already, and that will help you in your work. But attorneys, like other employers, are looking to hire...

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My washing machine is broken and my landlord is stating that it is my responsibility to fix it. Is that really the case?

My colleague said it very well: it depends on the facts, and if there are several things wrong in the apartment, you should see an attorney. Now that you have responded to make it clear that the washing machine is not yours, was put there by the landlord, and is actually in your own apartment, not in a common area, your case in expecting the landlord to repair or replace seems much stronger. By replacing the washing machines before, and by being aware of, and expecting you, to use them, his...

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How do I get my personal property out of my husband's home?

When you say "my attorney works against me and I do not have faith in her," It sounds like your biggest problem may be your relationship with your lawyer. You need to be on the same page. Concentrate on working out whatever problems you have with your lawyer, or get a new one. Meanwhile, do not miss any court date, or do anything else to sabotage your own case.

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Walgreens gave wrong painkiller dosage. Is it worth getting a lawyer?

From what you have said, it doesn't sound like you "have a case" - that is you don't have a case worth pursuing if you are looking to be compensated for some kind of loss. And I am assuming that Walgreens was indeed solely to blame for causing you to take too high of a dosage of the pain medication. If there is some lasting harm as the result of having taken too much, and you find you need medical attention again, then revisit this. But probably, you should just forget about this, and be...

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I am a landlord evicting tennant for non-payment in MA. I served 14 day and summart process. The tennant's attorney sent me

In general, tenants do have the right to send discovery requests to landlords who have sued for eviction, including requests for production of documents, and interrogatories. You will need to do your best to answer those requests. It is best to get a lawyer if you can do so, as the lawyer would be able to help you answer these questions and respond to these documents requests, and might help you to respond with specific objections to requests if they are vague, overbroad, or otherwise...

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