Legal Question in Family Law in Massachusetts
keep grandmother from trespassing
My husband and I have repeatedly informed his mother not to come to our home. She continues to do so in interest of seeing grandchildren. She has also shown up at the bus stop, childrens activities. We wish to limit this contact to supervised, pre-aranged times agreed to by us. We tried changing house phone number and moving without providing her with new adress. She is always able to call my husband on is cell phone, that way all her calls are screened. She appeared at new home and walked around back of house to find me and grandaughters. How can we enforce this without pushing situation to a battle? Originally lived with us and children, caused family rift between my husband and his siblings, chose to move out and live with another son. Subsequently stated to grandchildren she didn't think I would want her to talk to them (creating her own demon which has actually come to life, we don't want her speaking to children that way)also stated to us later that we ''threw her out'' although I am sure even extended family members would remember otherwise. Our biggest wish is to shield children from her manipulation, somehow continue the fairy tale of a good loving grandmother. Instead, we are feeling as though we are being stalked.
2 Answers from Attorneys
Re: keep grandmother from trespassing
It appears that short of talking to her, you may have to use the court system to get her out of your hair. A "battle" seems unavoidable. She is trespassing if she comes on to your property after being told she is unwelcomed. The police can get involved and tell her that she will be arrested if she does that again. You can also obtain a restraining order against her. Any way you look at it, it's a mess.
Re: keep grandmother from trespassing
I agree in part.
It is sad that she is so intrusive. Trespass is based on law, and you must provide some notice to her that she is not only unwelcome, but if she shows up the police will be contacted and you and your husband will ask to remove her.
As far as restraining orders, the standard is not mere presence. The standard is if she places others in immediate fear of harm, or she has actually caused physical harm. You have said nothing that supports this approach in your questions.
You should inform the school and other places where your children go that she is not welcome to contact your children. If she does, they should call the family and also call the police.
I am sure you may have other questions. You can contact me on Tuesday.
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