Uncovering the Mystery of the Probation Department in Family Court

Providing support for family court services

When you hear the word “probation,” you probably think of the more lenient criminal penalty that allows people to stay in their community rather than go to jail. However, in Massachusetts Probate and Family Court, the Probation Department is another name for Family Services. Let’s dive in and discuss some of the services that they provide!

The Probation Department is responsible for a myriad of support services including:

• Dispute Intervention Services (AKA Mediation)– If at least one party is unrepresented by an attorney, there is a pretty high probability that you will be sent to the Probation Department prior to seeing the judge in the courtroom at a family court hearing. A probation officer will sit down with the parties and any attorneys to identify the issues and attempt to reach a settlement. If any agreements are reached, they will be memorialized in a stipulation for temporary orders or as a final judgment. It’s important to know that dispute intervention sessions with probation at the court are NOT confidential, so don’t share anything that you wouldn’t want the judge to know, engage in the process in good faith, and be on your best behavior.

• Drug/alcohol testing– Drug and alcohol testing orders are coordinated through the Probation Department. The staff can conduct random, supervised drug screens on-site and arrange for hair follicle tests to be administered. They also communicate results to the parties, attorneys, and the court.

• Limited Investigations into Custody and Parenting Issues (including interviewing children)– Probation investigations can be a cost-effective alternative to a full-fledged Guardian Ad Litem (“GAL”) investigation in some circumstances (listen to our Divorce Detox podcast episode about GALs and what they do HERE).

• Compliance with “Seek Work” orders– If the court determines a party to be intentionally unemployed or underemployed, it can enter an order that s/he needs to work with Probation until s/he becomes sufficiently employed. This can include presenting documentation to the Probation Department indicating that a party has applied to a certain number of positions per week. 

• Conducting background checks– In some cases, CARI reports will be run by the Probation Department to make this information available to the judge.

Now that you know all that Probation is responsible for in Family Court, you can see why it’s so important to have a knowledgeable advocate to guide you through the process and procedures. Having us by your side to navigate these tricky waters will help put your mind at ease, and keep you from sailing into any more trouble than need be.
If you or a loved one could use support throughout this voyage, please schedule a FREE Discovery Call with our office today!