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Western MA psychopath

Then what is the point of a no trespass order if it cant/wont be enforced. From what i was told PFPD told him to contact the sheriffs department who in turn told him to contact PFPD who again told him to contact the sheriffs department who then told him he needs to have her evicted. After that run around he changed the locks and she preceded to bust in a window. PFPD showed up and again said not our problem noting we can do. So how in the world do you have someone removed from your own home?

When I have served no trespass orders (they like to call them "letters of disinvite" now), I serve one to the individual and one to the PD so that they have it on file. At that point they can arrest the person on sight if they are on the property even without anyone calling in to complain. MGL does not allow police to serve civil process (which this is) with the only exception being the 209A RO (which is a good thing as I don't know any Constable who wants to touch those).

Now, this isn't really what he has here, it is a lot worse than that. Once you allow anyone to stay in your home for any length of time, they are now by MGL a "tenant" and you can't merely throw them out. You have to go thru the court eviction process, cost thousands $$ and takes ~6 months on average in MA. The tenant laws in MA are very strong and not all just. The cheap way out of this is for him to offer her $1000.00 to leave and don't give her the money (check/MO is best) until AFTER she vacates the house with all her possessions. That puts the "tenant" issue off the table if he can document that she left willingly. After that the no trespass order can be enforced if she comes back. Other states may be different, but MA is super tough on "landlords".
 
When I have served no trespass orders (they like to call them "letters of disinvite" now), I serve one to the individual and one to the PD so that they have it on file. At that point they can arrest the person on sight if they are on the property even without anyone calling in to complain. MGL does not allow police to serve civil process (which this is) with the only exception being the 209A RO (which is a good thing as I don't know any Constable who wants to touch those).

Now, this isn't really what he has here, it is a lot worse than that. Once you allow anyone to stay in your home for any length of time, they are now by MGL a "tenant" and you can't merely throw them out. You have to go thru the court eviction process, cost thousands $$ and takes ~6 months on average in MA. The tenant laws in MA are very strong and not all just. The cheap way out of this is for him to offer her $1000.00 to leave and don't give her the money (check/MO is best) until AFTER she vacates the house with all her possessions. That puts the "tenant" issue off the table if he can document that she left willingly. After that the no trespass order can be enforced if she comes back. Other states may be different, but MA is super tough on "landlords".
I will pass this information along. That is pretty disgusting. What happens if he moves? Does the law obligate him to allow her to move with him? hes honestly thinking of moving to New Hampshire but he's not sure what legal trouble it would get him into if he sells his home and move.
 
I will pass this information along. That is pretty disgusting. What happens if he moves? Does the law obligate him to allow her to move with him? hes honestly thinking of moving to New Hampshire but he's not sure what legal trouble it would get him into if he sells his home and move.

I can't imagine why he'd be in trouble for doing that.

He'd need to disclose that the the new owner would be responsible for vacating the premises.

Even easier if he simply rented. Just leave.
 
Now, this isn't really what he has here, it is a lot worse than that. Once you allow anyone to stay in your home for any length of time, they are now by MGL a "tenant" and you can't merely throw them out. You have to go thru the court eviction process, cost thousands $$ and takes ~6 months on average in MA. The tenant laws in MA are very strong and not all just. The cheap way out of this is for him to offer her $1000.00 to leave and don't give her the money (check/MO is best) until AFTER she vacates the house with all her possessions. That puts the "tenant" issue off the table if he can document that she left willingly. After that the no trespass order can be enforced if she comes back. Other states may be different, but MA is super tough on "landlords".

Puhleese! Court? Bribery?
Are there any laws prohibiting someone from being a room mate from hell until the trespasser leaves? Obviously this guy is not thinking creatively.
 
If there is continued harassment (I went back and re-read the post) then yes, they should toss him in jail for violating the RO. I wonder what the details of the RO state and what he is doing. I had a friend whose ex had to ordered by the divorce court judge to stop sending her harassing texts and stop calling her. The only contact he was allowed was texting to arrange swapping the kids or financial and medical things.

OP doesn't explain the harassment and if it is a violation of the RO.

And...not threatening the victim would be a good start. Instead of being less than useless then they'd only be useless...
 
Update:
From the victim
Just to let everyone know we did go to court yesterday! the D.A went to bat for me and were able to get a gps tracker and curfews on the crazy ex. Not the best outcome, but I'm thankful for their help!!
There's definitely something missing

It sounds like he was sentenced, and served 60 days. Unless he's also on probation, the case is over. Police say they won't help, but now the DA is involved and gets a GPS order, so it sounds like there IS an active criminal case.

In any event, it sounds like this guy can't help but violate his terms of release, and will end up in jail awaiting trial.
 
Well, this guy is apparently going to make it easy for the DA, if anyone finds him. I am guessing that he is leaving the state - but then I am not sure his mind is in touch with reality.
Here is the latest:
Please be on the look out for Jason Simpson. He has cut his gps tracker and has an active warrant out for him. Anyone with information on him please contact me and the Pittsfield Police! He is dangerous and has threatened to kill my dogs and everyone I love. I’m offering a reward for anyone who can help me! This is his third day with the tracker and he is already cut it!

Please share!
 
Well, this guy is apparently going to make it easy for the DA, if anyone finds him. I am guessing that he is leaving the state - but then I am not sure his mind is in touch with reality.
Here is the latest:
Please be on the look out for Jason Simpson. He has cut his gps tracker and has an active warrant out for him. Anyone with information on him please contact me and the Pittsfield Police! He is dangerous and has threatened to kill my dogs and everyone I love. I’m offering a reward for anyone who can help me! This is his third day with the tracker and he is already cut it!

Please share!


Seriously, she should have a gun and be willing to use it. This is going to end in tragedy.
 
So, I'm reading this thread like "Aww man, it's going to be so easy for the state to track down this girl's killer, all they have to do is pull his GPS".

Then I read
He has cut his gps tracker and has an active warrant out for him. Anyone with information on him please contact me and the Pittsfield Police! He is dangerous and has threatened to kill my dogs and everyone I love. I’m offering a reward for anyone who can help me! This is his third day with the tracker and he is already cut it!

Get the gun. The system's failed this chick in every possible way, she's better off being the next Cetano than she is being the next neglected stiff in the Medical Examiner's office.
 
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Well, this guy is apparently going to make it easy for the DA, if anyone finds him. I am guessing that he is leaving the state - but then I am not sure his mind is in touch with reality.
Here is the latest:
Please be on the look out for Jason Simpson. He has cut his gps tracker and has an active warrant out for him. Anyone with information on him please contact me and the Pittsfield Police! He is dangerous and has threatened to kill my dogs and everyone I love. I’m offering a reward for anyone who can help me! This is his third day with the tracker and he is already cut it!

Please share!
I wonder what kind of legal liability you would open yourself up to if you were to meet your friend in NH and lend her one of your guns. Of course you would tell her not to return to Ma. with it. If she ignored your warning, and had to use it in self defense in Ma., I would think that it would put the DA in a difficult situation to prosecute considering the circumstance.
 
I wonder what kind of legal liability you would open yourself up to if you were to meet your friend in NH and lend her one of your guns. Of course you would tell her not to return to Ma. with it. If she ignored your warning, and had to use it in self defense in Ma., I would think that it would put the DA in a difficult situation to prosecute considering the circumstance.

Lol, its called suitability failbus plus 2 innocent people getting collared for something that shouldnt be illegal. The DA is not going to be impressed by the legal fiction
you created... [rofl]

-Mike
 
This just further illustrates how useless the police actually are. They do nothing to protect the victim and then threaten the victim with prosecution if she defends herself. Aren’t they such wonderful guys?

The popo dont like it if you kill someone before they get the chance to.
 
This just further illustrates how useless the police actually are. They do nothing to protect the victim and then threaten the victim with prosecution if she defends herself. Aren’t they such wonderful guys?

They can threaten her all they want but if she has to use lethal force to defend herself in a situation that's warranted and she is within the legal boundaries and guidelines for use of lethal force in self defense, i.e. her use of force falls within the 5 pillars of self-defense (innocence, imminence, reasonableness, avoidance and proportionality), there isn't a damn thing they can do to her. Not if she has a good self defense attorney, DA's don't like prosecuting weak cases. Of course making threats and comments that you will do this or that to defend yourself to the police won't help.

Also, no one here has yet pointed out the "victim's" responsibility in all this, perhaps the "victim" should exercise discretion in who exactly she gets involved with in the future. Let this be a lesson learned (of course, I don't really know the whole situation). But women must have a hot/crazy scale for men too no? If you break the rules of the hot crazing dating scale, you get what you get.

hot-douche-scale.jpg
 
They can threaten her all they want but if she has to use lethal force to defend herself in a situation that's warranted and she is within the legal boundaries and guidelines for use of lethal force in self defense, i.e. her use of force falls within the 5 pillars of self-defense (innocence, imminence, reasonableness, avoidance and proportionality), there isn't a damn thing they can do to her. Not if she has a good self defense attorney, DA's don't like prosecuting weak cases. ...

Our legal system is carefully architected to provide all the justice that one can afford.

Being innocent, in imminent danger, using only the most reasonable level of response, avoiding the situation as possible and stopping as soon as the threat is stopped are NOT any guarantee of going free. Make sure you have a spare $250k in the bank to cover your legal fees.

There are many innocent people sitting in jail that WOULD have walked free with adequate representation. There's a reason OJ walked and it had nothing to do with justice.
 
Our legal system is carefully architected to provide all the justice that one can afford.

Being innocent, in imminent danger, using only the most reasonable level of response, avoiding the situation as possible and stopping as soon as the threat is stopped are NOT any guarantee of going free. Make sure you have a spare $250k in the bank to cover your legal fees.

There are many innocent people sitting in jail that WOULD have walked free with adequate representation. There's a reason OJ walked and it had nothing to do with justice.


Yup. I had a firearms lawyer tell me that in MA, if you use a gun in self defense, no matter how reasonable, you're going to go be charged no matter what. Where the case goes depends on how good your defense attorney is.
 
I never said anything about using firearms. There are countless other weapons that fall under the "lethal" force umbrella. Bats, knives, 2x4's, ice picks, hammers, blow torches, accelerants. Many of them are also slower and inflict more pain, and their use might be more adequate depending on the situation and the assailant. Get creative I say, but remember not to use more force than is required to stop the threat.
 
Unless you're willing to throw away EVERYTHING, why would anyone cut their gps? They're automatically going back to jail...

Your friend should be elsewhere for a while... And armed...
^
This.
Sounds to me like this whack job has gone all in.
It would be a good time to be hard to find until he is found.
 
Only a disappearance can be done quickly enough in this case.

There is no way to expedite a LTC application quick enough to matter.

Someone who does this certainly has a better than 50% chance of going after the person he blames for putting him in the situation (it's never their fault)! So she's in serious jeopardy of being killed right now, and anyone who stands in this guy's way may suffer the same fate.
 
@44marty, I hope you're paying attention. Use that reward money to put your friend in a hotel somewhere far from home and have her take a few days off from work.


Only a disappearance can be done quickly enough in this case.

There is no way to expedite a LTC application quick enough to matter.

Someone who does this certainly has a better than 50% chance of going after the person he blames for putting him in the situation (it's never their fault)! So she's in serious jeopardy of being killed right now, and anyone who stands in this guy's way may suffer the same fate.
 
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