Legal Question in Civil Litigation in Massachusetts

Re: Harrassment

I disagree with both of the prior answers.

Your husband's ex is interfering with his personal liberty. All competently drafted divorce agreements include a clause forbidding this. These become judgments. Most judicially crafted judgments also include such an order. The ex's action is an interference with his personal liberty, and a form of harassment -- it is intended to get back to you.

In addition, it is a violation of YOUR personal right of privacy, at least against peering behind your shades. Massachusetts law recognizes an individual privacy right in all legal activity, and of course limits police prying into alleged illegal activities without probable cause and, usually, a warrant.

THe ex-wife, by seeking the spying, is attempting to violate your privacy. The neighbor, if she is assisting, is indeed the ex-wife's agent. If she is as exasperated at you, and lets you know as a properly neighborly gesture, she should stop taking the calls.

The best solution (not necessarily the cheapest) is for your husband to file a contempt action against the ex, and for you to file an action in equity in the same probate and family court (assuming that either you or the ex-wife still lives in that jurisdiction). The ex-wife can be ordered to stop harassing both of you in this way. If the neighbor is the ex's ally, you can add her as a defendant, and your husband as a plaintiff, in the equitable case.

I would be more cautious, of course, if either you or your husband are engaged in any illegal activity, including any activity that violates limits set on child visitation.

I can be reached via e-mail to arrange a further consultation.

: Harrassment

No,

Any action is with your neighbor not for you. It is up to your neighbor to stop this. You can work with your neighbor to simply not disclose any information.

If you need further assistance, contact me.

Re: Harrassment

I agree with Attorney Lebensbaum. This situation could only turn into harassment against you if your neighbor begins engaging in harassing behavior against you on behalf of your husband's ex-wife, at which point your neighbor could possibly be considered to be acting as an agent on behalf of the ex-wife. At that point, they both could be held liable. Short of that, however, there isn't much you can do legally to stop the ex-wife from talking to the neighbor and trying to fish for information.