Legal Question in Family Law in Massachusetts

is this right

my childs father filled for full custody of my child. he wasnt awarded it I was. now he is mad and do everything in his power to try to ruin my life. he has called dss 3 times with false statments about me. all cases have been dropped. he follows me and now he has some other people following me too. he drives by my house all the time and knows where i am at all times. i am told i can do nothing about it because he hasnt physically hurt me. now i am afraid that he is going to take off with my child, she is a baby and cant tell me whats going on. I am in fear for my child as well as myselfs safety


Asked on 9/08/05, 6:52 pm

2 Answers from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: is this right

If he is stalking you, he is violating the law. You should try to have a witness who will confirm that he is following you and having someone else follow you. If you have a cell phone, call the police when he is following you. Then file a criminal complaint in the district court or try to get a probate court order restraining him from approaching you or the baby, except for any visits he might be entitled to.

You might want to discuss it with a friend to make sure you are not worrying more than necessary.

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Answered on 9/08/05, 9:18 pm
Maria Murber Law Offices of Maria Murber, PC

Re: is this right

Please see below the statutes applicable in Mass that may be useful to you.

Massachusetts General Laws 209A is a restraining order that you can go to court and ask the judge to issue one. For a judge to issue a restraining order, the judge must determine that the person seeking the order is in fear of the defendant. This fear can be based on teh recent incident and/or teh history of abuse.

As to his friends, Massachusetts also has a stalking law under Mass.Gen.Laws Chapter 265, section 43(a) "Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress......"

If you have any further questions please feel free to contact me at (978) 794-0695 or email me at [email protected]. Sincerely, Maria Murber

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Answered on 9/09/05, 6:46 am


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