According to the laws in Massachusetts, a non-disparagement order prevents the couple from saying bad things about each other. They cannot make false allegations about each other by making derogatory or harmful comments, especially on social media, public forums, or to third parties.
Even if divorce is a challenging process, every couple should maintain dignity toward each other. Amid this legal battle, a Boston divorce lawyer aims to protect the parties from negative public remarks. Fostering an amicable post-divorce relationship is essential. They safeguard their client’s rights and interests and help them sail across the complexities of a non-disparagement order.
Legal Representation
These orders are mainly applied when children are involved. Children are protected against potential harm caused by one parent’s disparaging remarks about the other. The family court ensures that the ex-spouses maintain a respectful relationship for co-parenting and overall well-being in society.
The family court of Massachusetts strictly prohibits defamation and harassment, and to protect the citizens, non-disparagement orders are executed. These orders can be obtained either with the help of a legal attorney during a divorce decree or as a separate court order.
To get this order, one party must claim that the other party’s negative comments have caused or could cause harm. These harms can be emotional distress, negative impacts on children, or loss of reputation in society. Against the right to free speech, the judge will strike a balance between both parties to give a fair judgment.
Legal Advice and Strategy
A divorce lawyer becomes invaluable for getting a non-disparagement order from the court. A lawyer can also provide essential guidance on whether seeking this order will be appropriate. They prepare detailed affidavits and present them in court with compelling arguments. Lawyers can establish the need for this order in court before the jury.
When divorce is actualized through negotiations, the divorce lawyers ensure that a non-disparagement order is included in the filing process. Including the non-disparagement order in the agreement aims to reach a mutually acceptable solution to future conflicts without court intervention.
If one of the parties violates the non-disparagement order, a lawyer can take legal action to reinforce the order. However, in some cases, a modification of the court order is done. It becomes part of seeking appropriate remedies for the clauses that a partner is unable to follow. If the circumstances change between the parties, they can modify the order to make it more relevant and effective.
Perquisite of Non-Disparagement Order
The order provides benefits to the children against the emotional distress caused by abusing parents. Shielding them from the negative comments during the parents’ conflict is crucial to ensure the child’s well-being. With this order in place, there is a chance of reducing conflicts between the spouses.
The spouses need to prevent themselves from making disparaging comments, particularly in situations where they are co-parenting. The couples are ordered to foster a peaceful relationship after the divorce and are expected to be cooperative in raising the child.
Non-disparagement orders also help preserve the reputation and dignity of both parties, preventing damage that could arise from negative public comments. The order is levied on couples to encourage civility and respect between ex-spouses. It will facilitate more constructive interaction between the parties regarding their child’s well-being.
However, enforcing these orders can be challenging. There may be situations where derogatory remarks are made in private or informal settings. Proving these remarks will require substantial evidence, which will be impossible and difficult. By framing the order of non-disparagement, the family court of Boston balances the right to free speech with the need to protect individuals from harm.
