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!
Even the facts you stated are insufficient to make a case, at least
in my humble opinion.
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Estate Planning Attorney
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.
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.