Legal Question in Family Law in Massachusetts

a few years ago I had my ex served for issues regarding our child. I requested full custody. In response to being served, within a half hour after being served she was at the police station trying to get a restraining order. The police refused to give her one when she told them she had been served that morning. She then went to the court after leaving the police station, wrote a different story from the one she had given the police an hour earlier, and did NOT mention she had been served that morning, and was given the restraining order. That same night she AGAIN called the police and filed another police report, her and her husband filing a report with a detective claiming I had raped her. The restraining order was quashed the next day by an angry judge when it was proved she had lied to get it. I did not learn about the rape accusation until months later, and the police didn't buy it this lie when they learned of all her other lies. They saw it for what it was, using them to get an upper hand in a custody case.

My question: I want to return to court for more custody issues. Can I request a restraining order against her and her husband prior to filing the custody paperwork? These are very dangerous people.


Asked on 9/21/15, 11:20 am

1 Answer from Attorneys

While you certainly can file such a request, I think it would be to your disadvantage without a concrete incident to support such a request and I think you would lose any sympathy or additional credibility you may now have. It would like trying to get even or gain leverage. Unless you receive a concrete threat or something similar happens, I would not seek the order prior to filing my papers over custody.

I would file my papers and if something substantive happens, then seek a restraining order.

Likewise, if they behave badly in court you can ask the court for a restraining order or such other relief you may want.

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Answered on 9/21/15, 1:50 pm


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