LSWRIGHT_CONFESSION

"A902"
THE BACKWARDS 209A LAW SITE
Law and court procedures that are "fair on their faces" but administered "with an evil eye
or a heavy hand" are discriminatory and violate the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, 118 US 356

FIGHTING THE EFFECTS OF SOLO
FEMALE PARENTING ON CHILDREN

APPLY FOR A STAY OF THE ORDER

LINDA S. WRIGHT OF EMC CORPORATION

Appeals Court Rule 6 defines the process to apply for a stay of the MGL 209A restraining order which you have now received from the Probate/Family Court or the District Court.
FIRST, the stay of the order during the appeal process, must ordinarily be sought in the lower court (the Probate or District Court). You must write a motion requesting the stay. The motion must show the reasons for the relief requested and the facts justifying this relief. The "relief" you seek is getting the order stayed during the appeal process. If the facts are subject to dispute, provide some support such as an affidavit or other statement signed under penalty of perjury.

     After the motion is written, send a copy to the court registrar and the opposition attorney (or the Ex if there is no attorney). You should include the statement of service and the court date. Many courts will allow you to just name a date and show up. Others will want to tell you a date on which they hear motions. Call the clerk and find out. Minimally you need at least 7 days notice to the other party plus 3 days if you mail it (10 total).
    Now go to court on the scheduled day. The judge will likely deny your motion. You did not expect him to do otherwise, did you?   After all, he wrote the order in the first place. But if you have information or facts or procedural errors to call to the court's attention which you not did have at the original hearing, you might have a chance, but only a very small chance. (Another hearing is also possible under another rule (C.P. Rule 59 or 60) if significant new facts have become available. But that is not the topic of this section.)
     Now the bad news is that you have lost again in court. The good news is it did not cost you three hours of attorney fees to sit in the court room until your case was heard, or 2 hours of attorney fees to write a motion doomed before it was written. But hey maybe the X brought an attorney to defend her. This was a non-frivolous motion and the Ex* can/must now pay for her own mouthpiece. If you should get the order stayed or dropped, praise allah, smile, and leave quickly.
     In the attached example MOTION TO STAY MGL 209A ,    Judge Lian ordered it returned by the assistant registrar. The registrar has been ordered not to accept my filings unless the Judge approves it. As a matter of fact, Judge Lian also requires her attorney to get his filings approved now - this is a sign of real progress!! Now I have a rejected motion and can move on to the Appeals Court.

STEP TWO. Having lost in the lower court, Appeals Rule 6 allows you to now apply to the Appeal Court where you will have a better chance. Not a great chance but at least these judges do not have as vested an interest in making the order stick. You do not have a meeting with the judge. You send in the motion and the supporting records (transcript or docket list from court) or affidavit if any, which you want the judge to read. Keep the motion very short, The reviewing judge has a large pile to process each day. A long motion will lose his attention.
Also send a copy to the EX's attorney. They get to send an opposition brief if they wish. After that you wait a week or so and see what happens. The Appeals Court tries to turn these motions around fast.

"A902" home

When the law is against you, argue the facts. When the facts are against you, argue the law. When both are against you, attack the plaintiff.