Section 34B. A judge of the probate court who has found a party to be in civil or criminal contempt for failure to obey any order or judgment of the probate court relative to support of a spouse or children or relative to the custody of children shall, before ordering such person to be confined in a jail, review such order or judgment to determine that such order or judgment was issued by a court of competent jurisdiction and was not obtained by fraud.

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Terms Used In Massachusetts General Laws ch. 215 sec. 34B

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will