Legal Question in Family Law in Massachusetts

What constitutes harassment?

My son's father and I do not get along.

I have asked him several times to email me only and I will respond via that mode.

He continues to call, text, and email. He does so several times per week. Oftentimes he emails, texts, and calls on the same day, or sometimes he will email 3 times on the same day. His emails/texts/and phonecalls are for no other purpose than to bother me, be rude, sarcastic, and disrespectful (for instance he will write rude jokes about me not wanting to accept he is my son's father). His emails do not state threats or even vulgar language but it is the consistency, quantity, and tone that is really worrying me. I can hear him ''snap'' in his voicemails, especially because I will not answer the phone. Am I going to have to put up with this for the next 20 years? Would this constitute harassment? When we go to court to modify our CS order can I bring this up? will the judge listen or do anything?


Asked on 7/06/09, 7:31 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: What constitutes harassment?

The Court house door is always open;

It is unclear if your perceptions are based on annoyance or accuracy. There is a communication problem that may require mediation.

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Answered on 7/06/09, 7:44 am

Re: What constitutes harassment?

From what you write, this does not rise to the level of harassment, which is a criminal offense in Massachusetts. Obviously, the two of you do not get along or else you would still be together. You may always raise an issue to the court, however, a court is unlikely to deprive a child of either parent just because they do not get along with each other. The court is concerned with the child first and foremost and will expect the adults to work out their differences - more an issue for Dear Abby on e-mail etiquette unless things change.

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Answered on 7/06/09, 11:28 am


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