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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.
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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