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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hello, I live in Massachusetts. My ex girlfriend who I have

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Hello, I live in Massachusetts. My ex girlfriend who I have not seen in 4 months contacted a lawyer because after she sent a risky photo to me, I was txting her about how she should not do that and tried to teach her a lesson by saying "what if your parents saw this?" etc. Anyways, on April 12th I received a letter in the mail saying to stop contacting her with the exception of one email since I owed her some money so I could tell her when she would get it. I emailed her on April 13th, and emailed the lawyer as well. In her emails she said that in no way should I contact the plaintiff, but per her letter, I sent an email. I was then summonsed to court, the judge sided with me, until the plaintiff cried and said she was scared. This was enough for the judge to change his mind. But what did I do wrong? If I was told to contact her, and I did once, then why could I have been taken to court. I actually mailed the check to her lawyers office since I thought that sending the plaintiff a check in the mail would constitute contacting her. So I am speechless that I was taken to court since I heeded to her warning. This has altered my life since now I feel like I am having to stop living for a year, all because of an error the lawyer made. Plus I was contacted on Sunday night to go to court Wed. morning so I did not have a lawyer, frankly because I didn't think I would need one because of what I stated earlier. Please let me know if I have grounds to dismiss this. I have blocked phone #, her email, and have deleted the picture she sent, although I can obtain it with a court order. Also, I had thrown out the letter the day I received it, but is there a way her lawyer would have to give my lawyer a copy if I was to get one? Please help!!
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your concern. However, can you please clarify a few things for me, so I can better provide you with a more direct answer? First, what type of order was imposed by the court? Also, who was the letter from that you received on the 12th, advising that you should not contact her and what was the basis and scope of it? Also, what is she is fear of, that resulted in the Judge imposing an order against you? The reason I am asking is because it seems odd that she would retain an attorney and try and obtain an order against you for you simple texting her about something SHE did.
Customer: replied 1 year ago.

Harassment Prevention Orders (G.L. c. 258E)


 


The letter stated that the plaintiff did not want to hear from me since she took some of the texts I sent as threatening such as "I own you" and "what if I sent this to your parents". In all honesty, most of the texts were sent after I had gone out with friends, so it was bad judgment on my behalf. We had a volatile relationship from June until December. She had assaulted me on Aug. 4th (I did not press charges) and the day she gave me the loan in Dec., she stated that she would have my legs broken if I did not pay. She also had me sign a contract. Neither of these points were brought up by me since I did not think texting would get me into this sort of trouble. Also, it's not as if she wasn't texting me either. I had just been texting since or once, I had some leverage because of the picture. I had every intention of not texting after she was paid, which I did. It was honestly just about texting since she thought I still possessed the picture. In the letter, the lawyer said that the plaintiff said I was a "good person" and that the only reason to contact her was to tell her when the remaining $100 would get to her and if I contacted her after this, they would press charges of harassment against me. So yes, I emailed once, but that was it, thinking it was over.


 


 

Expert:  LegalKnowledge replied 1 year ago.

Tom, thank you for the additional information. Based upon the facts which you stated above, you could have a legal basis to ask that the order be dismissed/vacated, as a result of her not being able to prove the necessary elements for the order to be imposed. You said above that the Judge sided with you at first and then changed his mind, after she started crying. While I am sure she was upset, there is still proof that is required. There should have been a finding that three or more acts of willful and malicious conduct were ▪ aimed at a specific person with the intent to cause fear, intimidation, abuse or damage to property, and ▪ does in fact cause fear, intimidation, abuse or damage to property OR An act that ▪ by force, threat or duress causes another to involuntarily engage in sexual relations, or ▪ constitutes a violation of an enumerated sex offense (i.e., indecent assault & battery, rape, statutory rape, assault with intent to rape, enticing a child, criminal stalking, criminal harassment, drugging for sexual intercourse) If none of these were present, her request should have been denied/dismissed. As such, you may want to retain counsel to review the facts, obtain the necessary information and documentation from her attorney and the court and see if there is a legal basis to proceed and bring this matter before the Judge, so relief can be granted.

 

 

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LegalKnowledge, Attorney
Category: Legal
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Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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