Christopher R. Whittingham’s Answers

Christopher R. Whittingham

New Bedford Landlord / Tenant Lawyer.

Contributor Level 12
  1. How do I make an abusive spouse leave when they refuse to do so and they work with law enforcement?

    Answered 5 months ago.

    1. Christopher R. Whittingham
    2. David Alexander Browde
    3. Jessica Ann Foley
    4. Jaye L. Samuels
    4 lawyer answers

    Call the South Shore Women's Resource Center for assistance. That organization provides help to victims of domestic violence in all types of situations. http://www.thesswrc.org Also contact the Massachusetts Coalition Against Sexual Assault and Domestic Violence. http://www.janedoe.org In addition, I would consult a lawyer who specializes in domestic violence cases. Good luck with your case.

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  2. My Grandkids were taken from DCF today on allegations of no supervision. Their Parents and I don't even know where to start.

    Answered 11 months ago.

    1. Christopher R. Whittingham
    2. Stephen Daniel Karpf
    2 lawyer answers

    Someone has filed a 51A complaint of abuse or neglect against the parents. DCF must have considered it an emergency if it took the children. That means that DCF went before a judge and obtained authority to take the children on an emergency basis. The police likely accompanied DCF to the house to take the children. The children may have been placed in temporary foster care. You can call the local DCF office to get more information on the case. The parents will be notified to appear in...

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  3. I have a divorce agreement & my ex owes me over 150K+ from the equity of home that he still resides in. Can I place a lien?

    Answered about 1 year ago.

    1. Christopher R. Whittingham
    2. Christopher W. Vaughn-Martel
    3. Melissa Anne Levine-Piro
    4. Estela Matta
    4 lawyer answers

    Usually the drafters of a divorce agreement, or a separation agreement, place in that agreement a provision for the sale of the marital home and the division of the proceeds from that sale. That often is one of the primary terms in negotiating an agreement. It sounds like your agreement contains such a provision. Usually the agreement sets out how the provisions are to be enforced. I cannot give more detailed advice without reading your agreement. You should review that agreement with a...

    9 lawyers agreed with this answer

  4. I was awarded my home in a temporary order in my divorce. can I use temp order or do I need a quitclaim

    Answered 11 months ago.

    1. Christopher R. Whittingham
    2. Estela Matta
    3. Dean George Tsourakis
    4. Robert J Adams Jr.
    5. Thomas C. Marino
    6. ···
    6 lawyer answers

    Probably not. This question raises too many questions for an adequate answer. Usually a temporary order does not order transfer of the marital home to one party, but rather, merely permits one party to use and occupy the home until the divorce judgment. To do otherwise, would be highly unusual. A court does not divide the marital estate without careful review of the evidence, although the parties can make an agreement to do what you suggest. Often the judgment or separation agreement...

    8 lawyers agreed with this answer

  5. If my spouse filed for divorce in Massachusetts, can I then file for separate support instead?

    Answered 11 months ago.

    1. Christopher R. Whittingham
    2. Anthony Rao
    3. Gilbert F. Nason Jr.
    4. Michael Fray Suarez
    4 lawyer answers

    That is true, although you can get the relief you need in the divorce action. In Massachusetts a spouse does not have to consent to or agree with a divorce. If the other party wants the divorce, the court will allow it. The most common basis for divorce is irretrievable breakdown of the marital relationship, which is all the other party has to show the court. You may still proceed with reconciliation while the divorce is pending. Your complaint for separate support could be subject to a...

    8 lawyers agreed with this answer

  6. Divorce final judgement - better to correct a judges error regarding the facts - or better to go to appeals court?

    Answered 12 months ago.

    1. Christopher R. Whittingham
    2. Estela Matta
    3. Michael P. Gerace
    3 lawyer answers

    I agree with the first answer. As a lawyer who has handled appeals from judgments following trials in the Probate and Family Court, an appeals court is going to give the trial court wide discretion in making findings of fact. Most trial courts give the parties the opportunity of submitting post-trial findings, which the the court will review and possibly include in the final findings. Appealing findings of fact will be difficult. The Probate and Family Court has a particular rule governing...

    8 lawyers agreed with this answer

  7. What is verbal abuse and what is its charges?

    Answered about 1 year ago.

    1. Christopher R. Whittingham
    2. Kathleen Ann Black Reynolds
    3. Henry Lebensbaum
    4. E. Alexandra Golden
    5. Estela Matta
    5 lawyer answers

    It sounds like you do need help. It is great that you recognize that, and have reached out to try to get some help. Is there a medical provider you trust, a teacher or counselor ( I know that you say your other works for the school but there may be someone there you could talk to)? You could contact a women's center. My office is in New Bedford and I know that the New Bedford Women's Center is available to provide all kinds of help to women facing problems, especially problems with...

    8 lawyers agreed with this answer

  8. My landlord keeps coming in my apartment over and over again doesn,t tell me when she needs to come jn. just lets herself in

    Answered about 1 year ago.

    1. Christopher R. Whittingham
    2. Cheryl Rivera Smith
    3. James Thomas Kinder
    3 lawyer answers

    This statement of the last is from the Housing Court's website: Unless it is an emergency, no landlord can enter an apartment, absent a lease provision or a court order. Pursuant to G.L. c. 186, §15B, a lease for residential property can provide that the landlord may enter to inspect the premises, to make repairs or to show the same to a prospective tenant, purchaser, mortgagee or its agents before the termination date of the lease. The landlord also has the right to inspect the apartment...

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  9. Eviction Process in MA - Tenant has filed a motion for more time

    Answered 11 months ago.

    1. Christopher R. Whittingham
    2. Christopher W. Vaughn-Martel
    3. Michael J. Szklasz
    4. Jefferson W. Boone
    4 lawyer answers

    You probably can still seek your execution. It sounds like your tenant tried to serve you with some kind of post-trial motion asking the judge for more time to move. Motions may be served by a party or his or her attorney, and do not have to be served by a disinterested party such as a constable or sheriff. You should accept service so you know what is going on in the case. If you do not show up for the hearing, you will not have an opportunity to state your opposition to the motion, and it...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can my wife's lawyer be heard on motions without my wife present in court at the actual hearing?

    Answered 11 months ago.

    1. Alan J Pransky
    2. Estela Matta
    3. Christopher R. Whittingham
    3 lawyer answers

    It depends on the type of motion filed and the relief sought. Motions putting facts at issue and requiring evidence usually require the presence of the person seeking relief. Such motions could include: change of visitation, custody, child support and the like. Motions on procedural matters, often do not. Such motions could include: short order of notice, scheduling matters, issues relating to court filings and the like. It is difficult to give a more detailed answer without knowing to...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful