Here is a letter we got from a guy I shall not name, who has some questions about Massachusetts Restraining Orders.
Hi I was on your blog and my wife took out a bogus restraining order out against me in MA. She got caught cheating for the third time and we had an agreement that if it happened again that she would move out voluntarily and she did initially. She came back to the house and knocked on the door and asked if we could talk about the kids. When I stepped outside she asked if she could move back in. I said "that was not part of our agreement". Then she asked if I would move out and I said no. She then proceeded to leave and in about an hour or so the police showed up at my residents and told me I had 5 minutes to vacate the premise.
When we went to court she lied and said I pushed her out and locked the door and that she was in fear of her life. The next thing I know I am out of my house for a year. To make a long story short a year later she asked for another year extension to the restraining order. I figured there is no way in the world it could happen again because I had no contact with her. She told the Judge that I called her on my sons cell phone and threatened her and that if the judge did not extend my restraining order then they will find her dead. She told the judge the only reason she is alive is because of the restraining order. I told the judge I have had no contact with her and have done everything to the letter of the law. She then told the Judge that I held a knife to her belly and told her that I was going to kill her and cut her open and gut her like a pig and put her body in turtle pond and that I did this in front of my children The judge said to her "he this in front of your children?" and she said yes. I had the transcript tape from the hearing transcribed and my kids are 16 years of age and 14 and are more than willing to testify that their mothers statements are lies.; I want this restraining order vacated. We are going through a divorce and hired a gal. My attorney asked the GAL to ask my children if I have ever threatened my wife or if I have ever touched or if I ever held a knife to her belly and say that I was going to cut her open and gut her like a pig. They said NONE of these things ever happened and its in the GAL report.
1. Should I file a motion with the court to vacate the order.
2. Can I bring the GAL report to prove she lied to extend her already bogus restraining order.
3. Can I bring my kids to the motion to testify that their mother is lying.
The Gal report now recommends that I be granted physical custody of my kids. My wife took my kids away from me for a year and a half and I could only see then every other weekend and once a week. At the temporary orders hearing a year and a half ago the Judge said he was not going to overturn the district courts decision that gives mother temporary custody. I missed my own daughters bat Mitzvah because of this bogus restraining order. My soon to be x-wife has done things that most people would never believe and because of this bogus restraining order my kids have been exposed to her BDSM lifestyle which is a whole other story in itself. I believe woman should be protected but when a woman pulls a bogus restraining order to get a tactical advantage in a divorce and if it is proven she lied to obtain it then they should be punished by the court. I would love to hear back from others for some good advise. I would hire an attorney but I have spent all my money in divorce proceedings.