A Few Of Our Recent Successes
DIVORCE & FAMILY LAW PRACTICE
Husband v. Client/Wife, Middlesex County Probate & Family Court; Divorce Case
Description: Two-day custody trial.
Outcome: Got sole physical and legal custody for client/wife, with limited visitation for husband, after husband turned down our much better offer of joint legal custody and generous visitation prior to trial.
Wife v. Client/Husband, Middlesex County Probate & Family Court; Divorce Case, Restraining Order Case; Department of Children and Families Case
Description: Extremely contentious battle on behalf of father falsely charged with sexual abuse of his preschool-aged daughter by his wife.
Outcome: Despite initial condemnation of husband/father by the Department of Children and Families and resultant restraining orders against him, based on sexual abuse allegations that led to referral for criminal prosecution, we got the restraining orders vacated, and caused both the Department of Children and Families and Family Court to do a complete about-face, after we convinced the investigative Guardian ad Litem to recommend, and the judge to go along with, the father's acquiring sole physical and legal custody of the child, and his regaining possession and use of the marital home, all without trial.
Wife v. Client/Husband, Norfolk County Probate & Family Court; Divorce Case
Description: Two-day custody trial.
Outcome: Got judgment granting joint physical and legal custody for client/husband of two young children, despite husband's being on permanent disability for depression.
Most family law issues are satisfactorily resolved without the need for trial and, in many cases, even without the need for any significant court involvement. Steven Ballard encourages parties with family law issues to consider first trying to resolve their conflicts through the use of other means, when feasible, including direct party-to-party negotiations or mediation, and encourages prospective clients to seek family counseling. In all cases, his resolve is to assist his clients in negotiating agreements that will fulfill their long-term goals, and whenever possible, to do so without litigation and trial.
Wife v. Husband v. Aunt & Uncle/Clients, Middlesex County Family Court; Divorce Case
Description: Multi-day custody trial.
Outcome: Got sole physical and legal custody of small child for out-of-state aunt and uncle/clients, and permission to remove the child out of state, where showed both parents were unfit due to alcohol and/or drug abuse, even though court-appointed investigative Guardian ad Litem had recommended giving custody to one of the parents.
Wife v. Client/Husband, Worcester County Family Court; Divorce and Post-Divorce Cases
Description: Negotiation of favorable divorce agreement with physical custody to husband/client in very contentious battle with mother; two-day custody trial when mother years later attempted to get custody
Outcome: Got sole physical and shared legal custody for client/husband, of both of his children, including an adopted, non-biological son, with limited visitation for wife, in settlement agreement on eve of divorce trial; fended off further efforts by exwife afterwards to gain custody, through a new trial and beginnings of an appeal, which ultimately led to final agreement to give father continued physical custody.
CRIMINAL DEFENSE PRACTICE
Commonwealth v. Client, Worcester Superior Court; Criminal Defense Case
Description: Charged with two felony counts, rape of child with force.
Outcome: No prison time, agreed disposition of probation on much lesser charge of indecent assault. Worked up the case for defendant client so that prosecution feared it would lose case at trial.
Commonwealth v. Client, Dudley District Court; Criminal Defense Case
Description: OUI and illegal drug possession. Breathalyzer results showed blood alcohol content well above per se limit.
Outcome: Found not guilty after bench trial.
Commonwealth v. Client, Westborough District Court; Criminal Defense Case
Description: Charged with Operating Under the Influence. Refused breathalyzer.
Outcome: Found not guilty after jury trial. Brought out faulty field sobriety test administration through cross examination of arresting officer.
Commonwealth v. Client, Uxbridge District Court; Criminal Defense Case
Description: Client charged with felony assault with a dangerous weapon.
Outcome: Found not guilty after two-day jury trial.
Massachusetts Divorce Law
Massachusetts Paternity Law (Children Born out of Wedlock)
Regarding Guardianship of Minor Children (Guardians and Conservators)
Massachusetts Abuse Prevention Law (Restraining Orders)
Massachusetts Property Division and Alimony Statute
Massachusetts Child Custody Statute
Massachusetts Child Support Guidelines