Legal Question in Family Law in Massachusetts
Do I have to keep in contact?
I recently got out of an emotionally/verbally abusive relationship. After I left the man kept texting/calling me (I finally had my phone turned off) and harassing my friends to try to find out where I am. My friends ended up having to call the police because he wouldn't leave them alone. The police issued him a verbal warning and told him he was to no longer contact myself or my friends. I feel very unsafe around this man. However, I am pregnant with his child, and I plan on keeping it. Is it illegal for me to cut off all contact with this man? He has an anger problem, is mentally unstable, and smokes pot (as well as sells pot and pills). Is it illegal to keep him away from the baby once it is born?
3 Answers from Attorneys
Re: Do I have to keep in contact?
First you need to file a restraining order against this man. You should do this in your county's probate court since that is where you will also file a claim for custody of your child.
Once you have the restraining order in place, if he violates it by calling or contacting you, then you can have him arrested on the spot.
After you do this, and after you give birth, you will have a determination by the same probate court for sole physical and legal custody of your child. Currently, since the child is unborn, the father does not have much rights. Once the child is born however, he has the right to have a relationship with his child unless there is a determination by the probate courts that you have full custody.
When you file for a restraining order and also the subsequent custody action, remember to have the court "Impound" your address. This means that your address will not appear on any court documents and the baby's father will not be able to find out where you are. Remember also not to put down your address since the court might not delete it for you.
Re: Do I have to keep in contact?
The behavior you describe merits a court order. If you are in fear of physical abuse, you can seek an Abuse Restraining Order (commonly called a "Restraining Order") through the District or Probate Courts where you live.
If the abuse is truly only verbal, you should file your paternity case right away, and seek a non-criminal order telling him to stay away.
your friends should keep the police informed of his conduct, which is harassment of them and you.
The Probate and Family COurt can determine what visitation will be appropriate over time. You will need its help with this.
You should contact an attorney in your area for assistance. If you are afraid of domestic violence, you should contact the local domestic violence advocacy program.
Re: Do I have to keep in contact? Additional Answers
Mr. Cheong's answer assumes that you have grounds for a restraining order. I don't, because you were specific about verbal abuse. However, you would probably get the order.
In addition, though it is rare, a paternity case need not wait for the birth of the child. File NOW on that, especially if you cannot obtain a restraining order.