Advice Needed!

[blinky]

the problem with MA is you can lie to get a restraining order. I've witnessed it several times. You need to get to the cops FIRST.

Also your wife shouldn't be hanging out with crazies.

 

[TayNinh_66]

Amount of misinformation on this topic is climbing rapidly. Everyone needs to learn the difference between a restraining order ( MGL 209A) and a harassment prevention order (MGL 258E) On 258E, judge can NOT order you to vacate house, or surrender firearms and firearms license. Repeat, NOT.

258E legislation was passed in May of 2010, and deals with conduct committed to cause fear. 209A's dealt with physical abuse. Read the regs before posting advice.

 

[Joos]

If someone called my wife a c*** I would knock him out....may not be the best course of action for you, but thats what I would do.

 

[Garys]

Fenway I agree this story is STRANGE to say the least! YES, this guy just seems to have flipped out (like I said "missed his meds").. he's been a quiet, reclusive, loaner guy...socially ackward...but harmless?!?
The only thing she's worried about a possible RO (as a way of lashing out against her) being issued...it is specifically because of his rant that she is "rabbid right winger".. that the RO (and gun connection) comes to mind.

PS... she's not one to talk politics!

How many times have we seen that said after someone attacks someone else? I'd print out the emails and contact the police. I don't think you can get a restraining order per se since those are reserved for people in domestic relationships. I think you can get a "no contact" order. If she thinks he poses a legitimate threat, just ignoring him isn't going to work.

 

[TayNinh_66]

How many times have we seen that said after someone attacks someone else? I'd print out the emails and contact the police. I don't think you can get a restraining order per se since those are reserved for people in domestic relationships. I think you can get a "no contact" order. If she thinks he poses a legitimate threat, just ignoring him isn't going to work.

Correct, you must be in relationship to get RO. The system was severly misused so they developed the Harassment Prevention Order to deal with people such as stalkers. Pretty much identical process except court is more limited in conditions they can attach to order.

- - - Updated - - -

If someone called my wife a c*** I would knock him out....may not be the best course of action for you, but thats what I would do.

If someone called my wife a c*** she'd kick him in the nuts long before I'd even think about making a move

 

[Roscoe]

On what grounds would he have to file a restraining order?

If he is threatening her that is enough.

 

[Garys]

Correct, you must be in relationship to get RO. The system was severly misused so they developed the Harassment Prevention Order to deal with people such as stalkers. Pretty much identical process except court is more limited in conditions they can attach to order.

I didn't think that there had to be violence to get a RO, just the threat of violence. Actually it just seems that the victim has to say that they feel threatened. I know the history of domestic violence and why the laws are the way they are. I just think that there is a lot of abuse of the process. Which is a different subject.

 

[TayNinh_66]

I didn't think that there had to be violence to get a RO, just the threat of violence. Actually it just seems that the victim has to say that they feel threatened. I know the history of domestic violence and why the laws are the way they are. I just think that there is a lot of abuse of the process. Which is a different subject.

Correct, if you were in fear of violence you could get temp RO.
“Abuse” is attempting to cause or causing physical
harm or placing you in fear of imminent serious physical harm.
This mean that the defendant has

• hurt you physically;
  tried to hurt you physically; or
  made you scared of getting badly physically hurt.

If OP files for HPO, then subsequent attempt to file RO by stalker would be seen as retaliatory. He probably wouldn't get far. I think the new HRO result in a lot less abuse of process.

 

[Rob Boudrie]

File a restraining order against the d-bag

In order to file a 209A she will have to state there was/is a dating relationship or be a family/household member. If it's a lesser form of relationship it would be a 258E harassment prevenion order (ie, non-domestic).

 

[Infinite Jester]

If someone called my wife a c*** she'd kick him in the nuts long before I'd even think about making a move

I've got one of those wives too, and she's prone to wearing steel toed Doc Martens.

 

[Moderator]

Let's what the language here