Need a MA Lawyer . . . .

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. . . . to fight a domestic abuse prevention order in Salem, MA per M.G.L. 209A.

I live 160 miles away from my ex-wife and two adult children, and I haven't seen them in nearly ten years. I haven't seen my daughter in over 16 years.

I do not know their addresses or telephone numbers. I have their E-mail addresses only recently because of the hateful, threatening e-mails that they have sent me. My very few e-mails from me to my daughter have been models of civility and fatherly love.

They know that I am a gun owner and competition handgun and shotgun shooter. A DAPO would require NH to take away all of my firearms. This MUST be the intent of my psychotic ex-wife.

I was divorced in CA form my ex-wife in 1984. I haven't lived with them or near them ever since. I have never remarried, nor even dated since then.

I have a 31-year record as a peaceable, trustworthy citizen.

Yet, the Salem, MA district court will take THEIR word for it that I am a threat to them. It doesn't matter that my ex-wife is a 23-year manic-depressive.

The hearing is on Tuesday, 07June2005. The notice came via regular mail on 03Jun2005.

Any attorney referrals or other help would be greatly appreciated.
 
Darius Arbabi might be a good person to start with. He was one of my two instructors at my NRA Instructor Course. If he can't help, I'll bet that he can point you in the right direction. His website is:

http://www.massgunlaw.com/

Good luck man.
 
Eih, he needs a good ol' criminal defense attorney.

His problems aren't "gun related"..., only in the effect that if the 209a is issued, it will requrie him to forfit his FID/LTC, and firearms...

He needs someone that will be able to argue why the 209a sholdnt be issued, not fight to keep his guns.

Oh yea, good luck.

I had to sit in Distric Court one morning. The judge heard two 209a's. The "accuser" was there alone or with family. The Accused had an attorney. The judge listened to the story, the listened to about 10 minutes from the defence attorney. 209a issued for 1-year (the max).

Try crying. It worked for the chicks, maybe it'll work for you....
 
Agreed, you need a criminal defense atty, not a "firearms" atty.

Since this sounds like a local court that will be hearing this case, I would look for local counsel who has a great track record in that cout house and who knows all the judges and DAs. The trick is how to find them. You could start with the Mass Bar Association. I would get a few names and give each of them a structured 6-minute (0.1 hr :) ) phone interview first thing Monday morning.

Good luck.
 
otasan, I'm going to give you some solid but painful advice here. I am a Constable in MA and thus know something about MA Civil Process and being a firearms enthusiast/activist I try to understand our gun laws.

- The 209A served on you was NOT done in accordance with the law, it should have been served by a police officer, constable or deputy sheriff in accordance with MA Gen'l Laws (that is what is required when serving process out of state . . . it must be served in accordance with the Rules of Court in MA . . . the state of issuance). Serving by USMail is NOT currently allowed (per MGLs), but this error works in your favor to some small degree. [NOTE: Regardless of any errors in how you were served, the 209A is STILL VALID and WILL be upheld by the court!]

- By law, when a 209A is served (this is before the hearing), the LEO is REQUIRED by MGLs to confiscate any household keys in possession of the person being served, ALL FIREARMS/AMMO/PERMITS, and (if it is served at the residence of the complainant) the person served MUST LEAVE IMMEDIATELY WITH NOTHING MORE THAN THE CLOTHES ON THEIR BACK . . . they are NOT allowed to pack a bag, go get a checkbook/wallet/etc. The LEO has NO DISCRETION HERE . . . if the person served doesn't leave immediately, they MUST BE ARRESTED. There is no legal mechanism in place to allow the guy to reclaim their clothing/personal effects/bankbooks/securities/etc. EVER during the time a 209A is in place! [Because of this most Constables will refuse to serve 209As and tell the person to get the local PD to serve it. Too much hassle for us . . . not worth the money!]

- Judges are on standby call-back 24x7x365 to issue ALL REQUESTED 209As instantly on request. You could live on a deserted island 20,000 miles away with NO way to communicate and the judge still MUST issue the 209A on the say-so of the complainant.

- Although there is a hearing held within 10 days, in probably 90% of cases regardless of evidence to the contrary, the 209A is allowed to stand for the full year and renewed annually on request. Judges do NOT want to read about the one case in 1,000,000 where they deny a 209A and the complainant is attacked by the other party! It is a CYA move for them with no consideration for the personal destruction that it does to the innocent guy. [Some 209As are fully justified, but my feeling is that many women and attorneys abuse this system . . . and the real bad-asses won't be intimidated by the piece of paper, they will still murder the complainant!]

- Most divorce attorneys who defend mostly/only women, insist that the woman get a 209A against their partner, regardless of what really went on in the relationship. Since this stacks the entire deck against the guy, it is a very strong bargaining chip in getting the most for their client (better than 50-50 split, etc.).

- Lebanon NH PD may STILL get a copy of the 209A to serve you as well, in which case they will be REQUIRED to confiscate all your guns/ammo/permits. Therefore, take advantage of this time and give ALL of them to a trusted friend to hold in NH (NOT MA) until this is all resolved! YOU DO NOT HAVE A MOMENT TO WASTE HERE . . . YOU ARE LIVING ON BORROWED TIME! [Strictly due to their ineptitude in improperly serving you in the first place.] In MA, I know of cases where the PD serving the 209A has "forced" the guy to tell who has his guns and then go to confiscate them . . . it might not be strictly legal, but I doubt that any judge would prevent them from doing so. Thus, keeping them in the hands of a NH resident might keep them from getting destroyed/damaged/"lost" (aka stolen) from the PD.

- Find a good MA "Family Law" Specialist attorney that ONLY represents MEN!! You could ask Jesse or Darius for recommendations (and feel free to use my name).
 
Something very fishy going on here.

The envelope has my incomplete address on it, and it is in my ex-wife's handwriting. The return address is a rubber stamped Salem District Court etc.

The contents of the regular, 1st class mailed envelope is a single sheet of shabby paper, and it is a poor photocopy of an out-of-date MGL 209A notice to appear that wasn't hand signed by the court officer. The addressee, date, and courtroom data is hand-written in my ex-wife's handwriting, and there is no other handwriting. The adressee is simply "Mitchell Ota" and no address. There is an image of a staple in the upper left corner.

And then there is the fact that MGL makes it absolutely clear that the ex-parte ch. 209A notice to appear MUST be served by my local LEOs, from their hand to mine, and it must be a certified copy to boot.

This letter is very likely to be bogus, and evidence for a charge of mail fraud.

I'll call the court tomorrow to see if such an order was really issued, and if the court date is real.

Thanks for all of your great advice. It is worth its weight in gold.
 
I'm not going to quote Len's entire post again, but, WOW! Talk about due process (or lack thereof). Un-freaking-believable.

Len, what is a constable exactly and how does it differ from other LEOs?
 
Marcus, Constable is an old "throwback" to British Bobbies . . . the original police.

In today's world, we are appointed by the governing body in each city/town or elected, serve a 3-year term and have full LE powers within the community that appointed/elected us (and some statutory powers anywhere in the state). We generally only serve legal papers and make arrests based on said papers (criminal or civil, but usually they are civil), because we only get paid by those we serve the paper for. Therefore, although I could run a speed trap and give out tickets, I would earn exactly "$0.00" for my efforts and only tie myself up for days in court for nothing . . . so we don't flex those powers.

Most regular police officers refuse to acknowledge that constables are LEOs, and this includes Chief Ron Glidden, EOPS, etc. But if anyone looks in the MGLs they will find that statutorily constables have wide-ranging authority (actually more authority than police officers).
 
Re: Something very fishy going on here.

otasan said:
I'll call the court tomorrow to see if such an order was really issued, and if the court date is real.

Thanks for all of your great advice. It is worth its weight in gold.

Any info?
 
Otasan, even if it is written in crayon, it is still a valid legal document!

In MA, anyone can show up at the clerk of probate court's office and get the forms they need, handed over blank (but with a pre-signed valid signature facsimile). They then can fill them out themself or sit with the "lawyer of the day" (pro bono attorney) that sits in the clerk's office each day (every day a different attorney, some are doing it as part of the requirements of graduating from law school, etc.).

I have had pro see (representing themselves without an attorney) hand me paperwork to serve that was blank! (she forgot to fill in the summons form) or with the defendant's name written as plaintiff and vice versa, etc. A real hodge-podge. Legally I can serve them as I get them, I can advise them to see an attorney to correct them (most don't want to pay an attorney) or have them correct the forms and give them back to me to serve. I can NOT act as an attorney for them, so I can't fill them out or give legal advice.

We NEVER serve an original document, we always serve a photocopy and return the original back to the court (or client) with a sworn "return of service" affidavit.
 
Otasan, did you find out if it was "legal" or was it a hoax on her part?? To be honest, when I heard how it came in to you - that was my first thougt - that she was trying to bust em on you. So what happened?????
 
Interesting Thread...there is an OtaSan who is a famous Ukelele player in Hawaii...I wonder if you moved to NH LOL.

Let us know how things work out for you...Gambatte Kudasai Ne?
 
Sorry to be gone so long

I'm still in a state of shock. I am now on the Domestic Assault Registry, hit with a 5-month MGL209A restraining order. My firearms and all of my ammunition are in the custody of the Lebanon, NH PD. My 27-year competition shooting career is over. The RO was extended for a full year on 07Nov2005. No lawyer would have helped, for both judges were obviously anti-gun. The one yesterday told me to "get a new sport."

So now I am forced to fight tooth and nail to regain my collection of fine firearms, eight boxes of custom-reloaded ammunition, and my righteousness.

I have feelers out with several MA attorneys, including Jesse Cohen. I'll be calling him on 09Nov05.

It is totally unbelieveable that in these United States it is possible to have one's firearms confiscated without being convicted of even a misdemeanor crime.

Here is my statement of facts. It is long, but it has to be.

I am a 49-year-old white divorced USN veteran. I am healthy, gainfully-employed as a printer and a radio sports producer, and a born-again Christian. I also am an avid competition handgun and shotgun shooter since 1978.

My manic-depressive ex-wife stole my two kids in Sep84 from our home in CA and flew them cross-country to MA. The divorce was on 12Dec84, ending a seven-and-a half-year marriage. I have lived mostly alone ever since. No significant others ever. I was permitted occasional unsupervised visits with the two kids (son age 6 and daughter age 3 when taken) when I could fly out to MA. The last visit was 08Apr89, and there was never any problems during the visits. So I gave up a good career opportunity and many good friends in CA to move back east to be closer to my kids.

When I relocated to New England, I discovered that my kids suddenly did not want to see me any more. I respected their wishes.

Consequently, I didn't see my son until July 1993, when his psychotic mother disowned him. He came to live with me in NH, and he was nothing but trouble (lots of alcohol abuse, plus a neighborhood shooting spree with my Ruger 10-22 rifle) until I returned him to his mother in Sep96, two months short of his 18th birthday. On the occasion of this trip to MA, I talked with my daughter for a few seconds through a closed wooden door. That was the last time I talked to her, and I had not seen her since Apr89. It was the last time I saw or talked to my son.

My brother came out from CA for a visit in July 2003, and he somehow got my daughter to call him - using my cell phone. My cell phone saved her phone number, so I had a chance to talk to her for the first time in almost seven years. I called her, but it was always voice mail. So I left friendly voice mails occasionally until the number was changed in a few months. I never got a reply.

In May05, I did a name search for my daughter's name on the internet, and I was taken to a trade convention site, which told me her internet nickname. I did a search with this nickname, and was taken to a forum where there was an e-mail address with the nickname. I promptly e-mailed her with a friendly, non-judgemental, non-threatening message. I sent her a similar e-mail a few days later. There was no response from her, only from her still-psychotic mother. This sick e-mail accused me of murdering our son, being a serial rapist, adulterer, and communist spy.

On 02Jun05, I got a handwritten summons, via regular US Mail, to appear at a district court in MA on 07Jun05 to answer an MGL209A restraining order request. I went to the hearing, not knowing even who the plaintiff was. There in court was my daughter, whom I had not seen in over SIXTEEN YEARS, and she was the plaintiff. She stood before the judge and tearfully accused me of sexually abusing her when she was two years old. She also accused me of pulling a .45 Auto on my son back in 1984 to keep him from dialing 911 while I was supposedly beating up his mother. My daughter admitted to the judge that she had not seen me in over 16 years, but she also said that she had a phonecon with me in Summer 2003, asking me to not contact her ever again. She tearfully claimed that she was very afraid of me.

I stand before my God and Savior and swear that I have never:

1. Beaten up my ex-wife ever.
2. Sexually abused my daughter.
3. Committed adultery.
4. Committed rape, serial or singularly.
5. Pointed a loaded gun at anyone ever, much less my son.
6. Indulged in espionage.

I'll freely admit that I was a failure as a husband and a father. I'll freely admit that I was a selfish, oafish fool in my marriage.

BUT . . .

I have never been a threat to ANYONE EVER, and I have lived a peaceful life of service to the Lord Jesus Christ since August 1993. I have a spotless record of noble, sacrificial service to the children and teen ministries at my church for 12 years. I had with me at the 07Jun05 MGL209A hearing four reference letters from long-time friends who attested to my character and trustworthyness, especially with children. I had two witnesses there with me, a retired lady and my pastor. The judge did not care to see the letters or hear from my witnesses. All that mattered to him was that my daughter was in tears, and that I had a NH CCW and firearms.

The judge issued a five-month restraining order, a civil matter unless violated. This RO did two things: It showed me my daughters precise residence address (which was unknown to me) and it ordered me to turn in all of my firearms and ammunition to my local NH police department. Not wanting to be a violater, I complied on the same day. My six handguns, two rimfire rifles, one shotgun, and eight ammo boxes of ammunition are now in police storage.

On 07Nov05, the RO was due to expire, unless requested by the plaintiff. I had fully obeyed the original RO, and I expected to have it expire. Well, before a DIFFERENT JUDGE, the same accusations were lodged against me by my tearful daughter, and my son joined in claiming that I had converted snapshot photos of my daughter into pornography back in 1996. This is total bravo sierra.

The judge was not so inclined to renew the RO, but he did anyway, telling me to "find a new sport." This new RO is in effect for a full year, so I will miss a second full shooting season, and an extra 12 months of no CCW. THIS IS BACK-DOOR GUN CONTROL, courtesy of Bill Klinton, who started the INTERSTATE confiscating of firearms for RO's.

Now the MGL209A law specifies that there must be an imminent threat of death or serious bodily harm to justify a restraining order. Does a tearful 23-year woman qualify in the least? She admitted that she had not seen me in 16 years!

So I am going to appeal this travesty. I WILL NOT allow my Second Amendment rights to be tramped on for another 12 months.

And from now on, my vote goes to a solid pro-gun rights candidate, or no one at all.

A lawyer would have been USELESS at the two hearings (07Jun and 07Nov05), but I'll have one now as I start climbing this mountain back to righteousness.
 
Good luck, I'm afraid that you are going to need it!

This is a routine thing, ROs are almost always extended and extended and extended. Also, plan on never moving to MA or applying for a LTC here ever, even if the RO is lifted. Almost no chief will issue a LTC to anyone that has had a 209A issued (with serious allegations) against them regardless of outcome.

You are right that you need an attorney dealing with this moving forward.
 
We'll keep our fingers crossed for you. It's no consolation, but you're not alone in in being falsely accused. Hopefully you'll find a good lawyer that can help you.
 
I have sympathy for your plight. The good that may come from this is by sharing your story with us, you reinforce the concept that those who estranged themselves from us for whatever reason, should remain so unless they decide to try to reunite with us. This doesn't help you, but maybe the Good Lord inspired you to write this because someone subscribed to this forum was contemplating a similar course of action and will learn from your experience.

I hope that thought brings you some comfort and solace.

With all best wishes,

Mark
 
"THIS IS BACK-DOOR GUN CONTROL, courtesy of Bill Klinton, who started the INTERSTATE confiscating of firearms for RO's."

Restraining orders as FEDERAL grounds for firearms seizures is due to the Lautenberg Amendment. That means it is a product of the legislature; not a unilateral act by a President.
 
Scrivener said:
"THIS IS BACK-DOOR GUN CONTROL, courtesy of Bill Klinton, who started the INTERSTATE confiscating of firearms for RO's."

Restraining orders as FEDERAL grounds for firearms seizures is due to the Lautenberg Amendment. That means it is a product of the legislature; not a unilateral act by a President.

Which prez signed the bill?
 
It is Over!

I had a great lawyer at the latest court hearing on 06Nov2006.

The judge vacated the order, telling my ex-daughter that she never had grounds for the original restraining order in the first place. He in effect told her that her case was unmeritorious.

I'll be getting my firearms and quarter-ton of ammunition back within a week.

But I have lost my children forever . . . .
 
otasan: Congrats on getting the order vacated. You just need to accept that you lost your children back in 1984 when your ex took them away from you and starting turning them against you. It is hard but you should never try to find them again, don't look them up online, don't try to email them, etc or the same BS could happen again.
 
I had a great lawyer at the latest court hearing on 06Nov2006.

The judge vacated the order, telling my ex-daughter that she never had grounds for the original restraining order in the first place. He in effect told her that her case was unmeritorious.

I'll be getting my firearms and quarter-ton of ammunition back within a week.

But I have lost my children forever . . . .

Glad to hear the order was vacated hun. And, as far as the kids go...never say never...ya don't know what's around the next corner. Hang in there.
 
otasan, reread this:
And, as far as the kids go...never say never...ya don't know what's around the next corner.
I didn't speak to my mother for 10 years. We are now reconciled.

Kids do stupid things, particularly when they are influenced by an ex- (or soon to be ex-) spouse. They grow and change dramatically over time. They may never straighten out, but sometimes they will.

Keep your heart open and try to let the hurt go.
 
"By law, when a 209A is served (this is before the hearing), the LEO is REQUIRED by MGLs to confiscate any household keys in possession of the person being served, ALL FIREARMS/AMMO/PERMITS, and (if it is served at the residence of the complainant) the person served MUST LEAVE IMMEDIATELY WITH NOTHING MORE THAN THE CLOTHES ON THEIR BACK . . . they are NOT allowed to pack a bag, go get a checkbook/wallet/etc. The LEO has NO DISCRETION HERE . . . if the person served doesn't leave immediately, they MUST BE ARRESTED. There is no legal mechanism in place to allow the guy to reclaim their clothing/personal effects/bankbooks/securities/etc. EVER during the time a 209A is in place!"

You got to be kidding me! What the hell are you supposed to do, go to a homeless shelter? and this is all done without a shred of proof!
 
Very sorry to hear about your troubles, Otasan. I'm glad you got your guns back and I'm sorry about your losing your kids. We live in a matriarchy these days and the court system blatantly discriminates against men.

You never know though, maybe your kids will find you at some point after they've grown up more and realize that their mother only let them see one side of the story.

BTW, are you a member of the NRA? If not, this would probably be a good time to join or renew as you can see that your 2A rights are fragile enough and we need everybody in the fight against the anti-2A bigots.
 
"By law, when a 209A is served (this is before the hearing), the LEO is REQUIRED by MGLs to confiscate any household keys in possession of the person being served, ALL FIREARMS/AMMO/PERMITS, and (if it is served at the residence of the complainant) the person served MUST LEAVE IMMEDIATELY WITH NOTHING MORE THAN THE CLOTHES ON THEIR BACK . . . they are NOT allowed to pack a bag, go get a checkbook/wallet/etc. The LEO has NO DISCRETION HERE . . . if the person served doesn't leave immediately, they MUST BE ARRESTED. There is no legal mechanism in place to allow the guy to reclaim their clothing/personal effects/bankbooks/securities/etc. EVER during the time a 209A is in place!"

You got to be kidding me! What the hell are you supposed to do, go to a homeless shelter? and this is all done without a shred of proof!

When You tell Friends and Co-Workers this , they look at You like You have Two Heads , and reply " that could never happen , Were in America "
If You get Home from work and the Wife ask You to Run out and get a Pizza , Do You ? , Think what could happen when You get back.
 
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