Legal Question in Civil Litigation in Massachusetts

Re: Protection Orders

You present an interesting problem of proof to gain a protective court order under G. L. Chapter 209A. You have the burden of proof that the alleged threat is a real one, and that the source

is the wife of your boy friend. It probably is unlikely that your boy friend will testify against his wife. (any conversations that your boy friend had with his wife would likley not be admissible as confidential conversations between husband and wife. Since it may require expert opinion as to the wife's condition this may be very expensive and not a do it yourself project.

Even if you win, court orders generally do not deter most pyschopaths if the woman is one. It may be a ploy to keep you away from the wife as the wife may contemplating her legal remedies.

You need "proof" and plenty of it in terms of admissible evidence where there has been no overt act or overt threat of violence against your, except for what her husband has told you. It is the obtaining the admissible evidence is where the problem is.

My suggestion seek a local attorney who practices

domestic relations cass and consult him as to the sufficiency of your evidence and admissibility of your evidence. There are some statutes that will

permit under certain circumstances, and with certain proior notice the use of hospital records (mental ward) and/or medial records in lieu of live testimoney. I have not checked to see if they are applicable in this circumstance.

Good luck and be careful for your own safety.

[email protected]

Arthur Goldstein, Esq.

The Goldstein Law Office

15 Hickory Drive

Worcester, MA 01609-1016

(508) 756 0191

Fax (508) 793 9512

Re: Protection Orders

If you have a reasonable belief which puts you in fear of physical harm, you can apply for a restraining order. To get it right, I suggest you use an attorney, otherwise you will probably (no offense) not get it issued.

Good luck on all fronts.

Re: Protection Orders

You are unable to obtain a domestic abuse restraining order against this woman. She is not a relative, not a housemate, and not a person you have dated. You may be able to obtain an equity court injunction but this is more expensive and more difficult. Of course, if she violates criminal laws, you can prosecute her.