Legal Question in Family Law in Massachusetts

When my ex and I were together, she was seeing someone on the side without my knowledge. BOne day I came home from work, my ex picked up the phone, dialed 911, claimed I had assaulted her, and life as I knew it was over I was arrested and had a restraining order against me, I didn't even know why, and that same night her new boyfriend moved in. (I was to learn later the boyfriend knew how to get rid of someone using the legal system to do his dirty work for him.) She also called in several false violations of the restraining order. After a while a judge dismissed the charges and quashed the restraining order. For several years afterwards my ex threatened to file more false charges against me unless I gave her money, which I did, added up it is over 22,000 dollars in 4 years, fearing I would have to go through that again. We have a child together, and recently I learned (in a DCF report...I filed the 51a) she is claiming I am dangerous, citing she had me arrested years ago for assault. I want to set the record straight......she filed false charges, blackmailed me, and lied to the police and the courts. I kept handwritten journals of all her threats, and she got caught SEVERAL times lying to the police and in court. My only concern is to do what's best for my child. My question: should I bring these issues up in criminal court, or should these issues be brought up in family court?


Asked on 5/15/15, 7:06 am

1 Answer from Attorneys
Bill Farias Law offices of Bill Farias

Not sure you can "set the record straight" unless you're in court for a larger purpose. Trying to readdress your criminal cases is probably a waste of time. However, if there's been a "material change in circumstance" since the last time you were in court on custody or visitation, you can file asking for a change in that area and use this information to your benefit - but be careful because these are generally difficult allegations to disprove. You should definitely do a consultation before you proceed.

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Answered on 5/16/15, 4:32 am


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