Massachusetts General Laws

Mass. Gen. Laws ch. 248, § 35 (2026)

Personal liberty; how secured

✓ current as of July 2026

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Section 35. No person shall be deprived of his liberty or held in custody by any person or in any place against his will or, if he is a minor, against the will of his parents, guardian or other person entitled to his custody, except by due process of law; but this section shall not apply to persons who have been legally convicted of crime and are serving sentence therefor.

Notes of Decisions

Cited in 4 cases, 1984–1999 · leading case: Kauffman, 413 Mass. 1010 (Mass. 1992).

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Kauffman, 413 Mass. 1010 (Mass. 1992). · cites it 2× “See G. L. c. 248, § 35 (1990 ed.). In the Probate and Family Court Department, the respondents moved to dismiss the habeas corpus petitions.”

Custody of a Minor, 468 N.E.2d 251 (Mass. 1984). “Several days later the husband was in Massachusetts and filed a petition in the Probate and Family Court for Middlesex County, pursuant to G. L. c. 248, § 35, seeking enforcement of the January 13, 1984, order and custody of his son.”

Vasquez, 705 N.E.2d 606 (Mass. 1999). “See G. L. c. 248, § 35 (“No person shall be deprived of his liberty or held in custody .”

Hinnant, 678 N.E.2d 1314 (Mass. 1997). “” G. L. c. 248, § 35. In Romeo v. Roache, 820 F.”

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