Legal Question in Criminal Law in Massachusetts
restraining order violation
I have a restraining order against my ex-boyfriend .He violated this order more than once by attempting contact by telephone.I do not want to destroy his life but i am afraid of him and want him to leave me alone.The last time he vilated the order I filed a police report and he was arrested.( There was a witness )He has hired a lawyer and he is using the fact that I once accepted a letter from him as evidence that i am not in fear of him.I accepted this letter because he owed me lot's of money and tricked me into thinking that this is what the letter was about .Does he have a case ? I am afraid that i will not be taken seriously because I did accept the letter .
2 Answers from Attorneys
Re: restraining order violation
What did he do to prompt you to get the restraining order?
How did he "attempt" contact? He either got through or he didn't.
What made you believe that you were in fear of IMMINENT SERIOUS PHYSICAL HARM?
Had he ever hit you prior to you getting the restraining order?
You say you do not want to destroy his life, but
if he has never been in jail, you will be helping to destroy his life. Going to jail is not fun.
Why are you afraid of him?
Have you done something to him which makes you think he wants to get even?
Have you ever struck out at him?
What did he do to violate the order before?
He has a right to hire a lawyer. In fact, he would be foolish if he did not.
Frankly, you do not sound in fear of him, not really, anyway.
If he goes to jail, he certainly will not be able to pay you back any money he might owe you.
Do you work? Does he have a job?
He does NOT have to make a case. The DA has to prove the case. Your ex-boyfriend must only DEFEND himself.
Why are you worried about the letter? Had you contacted him looking for the money? Was the letter from him
in response to a letter or phone call from you?
Re: restraining order violation
Your posting does not provide sufficient detail
to provide you with an informative response, except to say that your legal concerns can probably be addressed fairly easily.
You may call me to discuss your legal problem
for a short and confidential consultation at
no charge.
The response of attorney Barbara Johnson to your
posting appeared to be more of an attack on you
than an offer of assistance with your legal problem.
617-566-3670
Related Questions & Answers
-
Pretrial taint hearing I am wondering if MA uses taint hearings in sexual abuse... Asked 8/10/03, 10:41 am in United States Massachusetts Criminal Law