You must prove that the defendant "harassed" you to obtain a harassment Prevention Order. This usually involves proving that the defendant caused you to feel that you were under imminent danger of harm by either force, threat, or duress.
''Harassment'', (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes ...
In California law, the reasonable person standard is used in harassment cases to determine if harassment did, in fact, occur. The conduct in question must be something that a reasonable person would find hostile, intimidating, or offensive if they were in the same or a similar situation.
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
Opting for an Alford plea means that while you don't admit to one or more of the details related to your charges, you concede that the prosecution has compelling evidence against you.
Massachusetts General Laws Chapter 265, Section 43A punishes those who willfully and maliciously engage in a knowing pattern of conduct or series of acts that cause another to suffer substantial emotional distress with imprisonment in the House of Corrections for up to 2.5 years.
The process for taking appellate review of the specified ruling or rulings is governed by the Massachusetts Rules of Appellate Procedure, provided that the notice of appeal is filed within thirty days of the acceptance of the plea.
Like prior law, Rule 9(a) places on the party disputing capacity, authority or legal existence the initial burden of controverting it. Massachusetts cases hold that, unless the lack of capacity appears on the face of the pleadings, the question of alleging lack of capacity to sue or be sued is a matter or abatement.
Massachusetts's WARN Act protects workers facing layoffs or plant closings. Employers in Massachusetts are required to provide advance notice to employees when they anticipate closures or layoffs. A WARN notice allows employees sufficient time to explore other, alternative employment opportunities.
Rule 9. Release in a Criminal Case. (a) Release Before Judgment of Conviction. (1) The district court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case.