Legal Question in Family Law in Massachusetts

Harrassment via legal system

My friend is going through a divorce. Her husband is victimizing her through the court system by blatantly lying about a number of issues, is in contempt of his mortgage obligations, having the police sent to the house constantly, brain washing the kids against her...I could go on. His lawyer is nasty and unfortunately, hers is not advocating for her and has allowed things to get completely out of control. eg. he waited over a month to file contempt charges on the mortgage default, not filing charges when he's defied the restraining order, just allowed everything to get turned back around onto my friend, and now she is in real trouble emotionally, and is clearly deteriorating because of the constant trouble. She cannot pay a retainer for an excellent/new lawyer. What can she do? This is one of the most horrendous things I've seen. There must be something that can be done. Please help.


Asked on 8/13/07, 10:12 am

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Harrassment via legal system

Filing a contempt within 60 days is not the most horrendous lapse; indeed, a minimum of two (2) weeks delay is usually considered reasonable in financial matters (indeed, the court will not generally accept a child support contempt without two missed weeks).

As for the restraining order violations: if a "209A" abuse prevention order is in effect, it is the protected party's obligation and right to contact the police. The police generally are not reluctant to file charges and prosecute them for a clear violation. As an attorney, I rarely get more involved than advising my client to contact the police, without some reason to believe that the police will be improperly non-responsive. I have only once seen a case in which the police tried to avoid their obligations; a threat to report the matter to the AG and State Police resolved the problem without any further action.

This does not mean that your friend does not need a new lawyer. Clearly, she does. I am always happy to consult with potential clients and determine what special terms may be appropriate , as is noted in my website (www.gregleelaw.com). I of course reserve the right to refuse to enter a case as well.

I wish you and your friend the best of luck.

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Answered on 8/13/07, 11:06 am
Jane McGowan McGowan Legal

Re: Harrassment via legal system

I agree with Attorney Lee, sometimes the justice system appears to work slowly, but it is done with good reason.

I know that your friend is vunerable due to the high emotional aspects, however, she needs to sit with her lawyer and determine if he or she is the right laywer for her. Sometimes the client needs to come right out and tell the lawyer what he or she need or expects, remember your friend is paying the lawyer, the lawyer works for your friend, and like any other person or professional you would hire, you can fire if they are not helping or getting the job done.

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Answered on 8/13/07, 11:44 am

Re: Harrassment via legal system

Mr. Lee has given you excellent advice.

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Answered on 8/13/07, 11:49 am


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