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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29555
Experience:  Lawyer
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My son has physical custody of s 2 sons. Their mother left

Customer Question

My son has physical custody of his 2 sons. Their mother left them six years ago and sees them only every other weekend from sat night to Monday morning. She can see them on Wednesday but has never shown up. She left her kids for a man originally then can back and left again for a woman she's left about 5 times the last time was last month when my son took her back because her girlfriend was being abusive. She's now back with that woman. She also drinks heavily even when she has the kids. She irresponsible and immature. She works part time as a massage therapist. Yesterday my so hot a notice out of the blue for a restraining order until a hearing next week. He hasn't even seen her since she left. Be coaches his sons baseball games and is worried that she will show up. He has done nothing to cause a restraining order. She is either doing this out of spite or her girlfriend is putting her up to it. She is continuously disrupting his children's lives like this. They at 13 and 9 both boys. My question is what if she shows up at the kids games? He is the coach. She doesn't usually go but may go to cause trouble.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What are the exact terms of the restraining order? Is it anti-harassment or no contact period? Does it state a minimum distance he can be from her?

Customer: replied 1 year ago.
Stay 50 yards away. He coaches the kids games She took off multiple times and has been living with a woman lover for 4 years. She came back two weeks ago then took off again. She's really immature and all I really care about are the kids
Customer: replied 1 year ago.
I just want to type no phone call please
Customer: replied 1 year ago.
What do you think?
Customer: replied 1 year ago.
My son saw a lawyer today and she said they will probably throw it out and her out too
Customer: replied 1 year ago.
It also said that she can call him but he can't call her ?? I don't get that
Customer: replied 1 year ago.
Is anyone there??
Customer: replied 1 year ago.
Lucy I don't understand how this works. I'm not getting any feedback
Expert:  Lucy, Esq. replied 1 year ago.

I apologize. I happened to have stepped away for a minute when you replied. Did you still want help with this?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
This is kind of annoying
Expert:  Lucy, Esq. replied 1 year ago.

Ok. It'll just take me a minute to type your answer.

Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry for your frustration.

Customer: replied 1 year ago.
Ol
Customer: replied 1 year ago.
Ok so is this where I find the answer?
Expert:  Lucy, Esq. replied 1 year ago.

Restraining orders are usually one way. It would say, for example, that A can't call B, but B can call A. But he's still not allowed to talk to her, so if she calls, he needs to not answer the phone. Or put the phone down immediately when he realizes it's her (if she blocks her number).

Based on what you're saying, the order doesn't have any basis and could be thrown out as frivolous. If he can prove she knowingly filed a false order against him, he can try to sue her for abuse of process, which means getting back the attorney's fees.

The biggest issue is the baseball games, because if she shows up, he can't coach a game 150 feet away from her. But he CAN call the police and ask them to remove her, while remaining away from her. If there's another coach, that person can ask her to leave. And hopefully he can get the order thrown out before that becomes an issue.

Customer: replied 1 year ago.
Is this Massachusetts law?
Expert:  Lucy, Esq. replied 1 year ago.

Yes, it is.

Expert:  Lucy, Esq. replied 1 year ago.

Did you need any more help with this?