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What else can be done legally if i do not have enough of evidence for the courts to grant a harrassment order in MA?

Chicopee, MA |

i went to court today and the judge said that the police reports i have filed do not show any threat of physical harm so he would not grant the HRO. the defendant is mentally ill, is on meds last i knew, i have had a block on my phone for over a year, so now she uses my son's father's phone to contact me. i percieve her as a threat to my 7 year old son who has autism, because he is the link between me and my son's father, who she seems to be obsessed with (he says they are only friends, she stated in court that he is her boyfriend). she also accused me of stalking in court, which i have not done ( i even asked my son's father after court if he thinks i stalk him, and he said 'no'. ) this woman is desperate and i am fearful that she may harm me or my son. she will not go away. lots more!

Attorney Answers 3


  1. Even the facts you stated are insufficient to make a case, at least
    in my humble opinion.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.


  2. A harassment prevention order for non-family member falls under Section 258e and requires 3 instances of feeling threatened. Here I'm not sure if there is enough to satisfy such a requirement, as the Judge believed as well. One option available, however, is to obtain a no trespass order to keep the woman off your property (assuming she isn't a fellow tenant or landlord of course). Consulting with an experienced attorney about the matter is recommended.

    Kyle Piro is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be construed as legal advice. No attorney-client relationship is formed by Attorney Piro answering your question. It is advisable to consult with an attorney about your personal legal concerns.


  3. Atty. Piro offers a thorough explanation of the law and the burden you must satisfy. I concur that the facts that you outline do not satisfy the requirements set forth under the statute. I'm sorry that you are going through this difficult time.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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