Showing posts from November, 2012

Do you need a Sexting restraining order?

Sexting is a term used to describe the act of sending sexually explicit messages or photographs, primarily between mobile phones.”  According to a study from the University of Texas Medical Branch, over 30% of all people between ages 18 and 25 have exchanged naked pictures. Although this practice is not limited to young people, it is fair to assume that a significant number of young married couples have exchanged naked pictures. Some of these people are bound to get divorced. What will they do with these naked pictures of their spouse in the heat of a highly contested divorce battle?
Some people try to hurt their spouse any way they can. Naked pictures can create a unique opportunity to inflict pain on their partner. Photos can be uploaded to the internet and once they are online it is impossible to remove them. Knowing about the online posting may cause sever emotional distress to the victim of this posting. Children of the spouse may discover the pictures and also have emo…

Massachusetts has a new law protecting animals from domestic abuse

On October 31, 2012, Massachusetts enacted a new law to protect domesticated animals fromdomestic abuse. In order to obtain an order under this new law, there must also be a protective order for the protection of people. Under this law, the court can order possession and care of a domesticated animal or issue a restraining order to prevent abuse to the animal. This law elevates animals from property to the status of a member of the family. Violation of the order is a criminal act.
I question the need for this new law as I have had cases in which Judges have issued orders to protect animals. When the Judges have issued orders of this nature, nobody questioned if the Court had the power to make the orders. The Judges never hesitated before making protective orders. Nevertheless, the Massachusetts legislature decided that Judges in Massachusetts need an explicit grant of power to protect animals. In my opinion, the only difference this new law makes is that we now have an offic…