Legal Question in Family Law in Massachusetts

Stalking?

Hi,

I've noticed that my ex-wife routinely slowly drives by my house (as she just did at 9PM) quite frequently and she does this to my girlfriend at her house as well.

Is there anything I can do about this? Or is she protected because she has the right to drive on public roads?


Asked on 4/26/09, 9:57 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Stalking?

The public streets are not open as a place to harass.

If you are in fear of imminent violence, you can get an abuse prevention order under 209A. your girlfriend cannot unless she is a family member of your ex-wife's family, or a room-mate. Your girlfriend's recourse would be in the Superior Court only.

You both might be able to convince a district court clerk-magistrate that the ex-wife should be charged with misdemeanor harassment by her cruise-by conduct. More likely than not, such a "probable cause" hearing would result in a "wait-and-see" review: ex-wife stays away for six months, and no charge issues.

This could arguably be a contempt of court: she is, by monitoring you and harassing you, violating the standard order/agreement that she will not interfere with your personal liberty.

Another option would be to have your divorce attorney send her a letter, warning her to stop the appearance of harassment, with the threat of further legal action.

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Answered on 4/27/09, 7:22 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Stalking?

It is not classical stalking, but you could report it to the local police department.

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Answered on 4/27/09, 7:51 am

Re: Stalking?

If you can show a risk of violence you can get a protective order for both you and your girl friend.

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Answered on 4/26/09, 10:05 pm


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