Legal Question in Criminal Law in Massachusetts

In a restraining what is your rights if defendants cell phone that was left behind at the victims place for 4 days until the police called her to have it returned to the police station for the defendant to pick it up. In the mean time she got a restraining order prior to get the removal of the defendant. Now she had the phone of the defendant and answered, called, and texed friends and work telling them false accusations and to turn on the defendant. Now my friends and work are telling me what she is saying and what to do to me. And also she has her friends calling my new place of living and leaving prank calls, questions if i'm there, and where I am at, for a week straight. I did call the police and filed a harassment charge, the police took the info off the caller id and then discovered all the people that called were friends of the victim. The police did call the victim and told her to stop the harassing calls and after that there has been no more. Is there a way to bring the police reports to the court and ask to have the restraining order removed due to the harassing from the victim not from me?


Asked on 11/26/09, 6:09 pm

1 Answer from Attorneys
Kevin Gaughen Jr. Gaughen, Gaughen, Lane & Hernando

Yes. You may bring the police reports to the court that issued the restraining order and attach them to a motion to vacate the order. You may argue that the police reports demonstrate she is no longer in fear of you and does not need the protection of a restraining order. To the extent possible, you should keep a record of all supporting evidence and bring it with you to the hearing.

While the restraining order is in effect DO NOT contact the plaintiff. It is the quickest and easiest way to go to jail. Do not have anyone else contact her or send her things anonymously.

Fell free to contact me to discuss your options. (781) 335-0374

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Answered on 12/01/09, 10:11 pm


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